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V'W*^- 


COMPLETE    COLLECTION 

OF 

State   Trials 

AND 

PROCEEDINGS    FOR   HIGH   TREASON   AND    OTHER 

CRIMES  AND  MISDEMEANORS 

FROM  THE 

EARLIEST  PERIOD  TO  THE  YEAR  1783, 
WITH  NOTES  AND   OTHER  ILLUSTRATIONS: 

COMPILID   BY 

T.  B.  HOWELL,  Esq.  F.R.S.  F.S.A 

-— •  INCLUDING, 

IN  ADDITION  TO   TflE   WHOLE   OF   THE   MATTER  CONTAINED   IN   THE 

FOLIO   EDITION  OF   HARGRAVE, 

UPWARDS    OP   TWO    HUNDRED    CASES    NEVER    BEFORE   COLLECTED; 

TO   WHICH   IS   SUBJOINED 

A  Table  of  Parallel  Reference, 

RENDERING  THIS  EDITION   APPLICABLE   TO   THOSE  BOOKS   OF   AUTHORITY   IN 
WHICH   REFERENCES   ARE   MADE   TO   THE   FOLIO   EDITION. 


IN    TWENTY-ONE    VOLUMES. 

VOL.     VII. 

30—32  CHARLES  II 1678—1680. 


LONDON: 

Printed  by  T.  C.  Hansard,  Peterborough-Court,  Fleet-Street  ; 

FOR  LONGMAN,  HURST,  REES,  ORME,  and  BROWN  ,•  J.  M.  RICHARDSON ; 
BLACK,  PARBURY,  and  ALLEN;  BALDWIN,  CRADOCK,  and  JOY; 
E.  JEFFERY;  J.  HATCHARD;  R.  H.  EVANS;  J.  BOOKER )  E.  LLOYD; 
J.  BOOTH;  BUDD  a*d  CALKIN;  AND  T.  C.  HANSARD. 

1816. 


. 


UBMRYOFTHE 
LELMO  ftTAiVFOfiO  ;:'.i\!\<ER8ITY. 

0..M-3ISJ" 
Ms  27  WOO 


- 


TABLE  OF  CONTENTS. 


TO 


VOLUME  VII. 


■    IMIM     ^umiii     Ml-** 


STATE  TRIALS  IN  THE  REIGN  OF 
KING  CHARLES  THE  SECOND. 

\*   Vk*  new  Matter  *  mqriked  JN.] 
■**•    THE  Trial  of  Bbwam>  Colmah,  at  the  KrogVBench,  for  High  Treason, 

A*  &•     1678  (MIMHINMIIHItlM^IIMHMIUMHHMUMMIHMtflMlflltlMMI,!!!  | 

945.    The  TVial  of  William  Irrlan©,  Thomas  Pickering,  and  John  Grove,  at 

the  Old  Barley,  for  High  Treason,  a.  d.  1678     , 79 

34G.    The  Trial  of  the  Lord  Cornwall™,  before  the  Lords  at  Westminster,  for 

the  Murder  of  Robert  Clerk,  a.  d.  1678  lit 

947.    The  Trial  of  Robert  Green,  Henry  Berry,  and  Lawrence  Hill,  at  the 

KingVBench,  for  the  Murder  of  Srr  Edmundbury  Godfrey,  a.  d.  1 679     1 59 

348.    The  Trial  of  Mr.  Samuel  Atkins,  at  the  Ktng's-Bench,  for  being  acces- 
sary to  the  Murder  of  Sir  Edmundbury  Godfrey,  a.  d.  1679  ... 231 

949.    The  Trial  of  David  Lewis,  a  Jesuit  (pretended  Bishop  of  LlandafF),  at 

Monmouth  Assizes,  for  High  Treason,  a.  d.  1<?79    ,.     250 

*  «  » 

250.  The  Trial  of  Nathan  ael  Reading,  esq.  for  a  Trespass  and  Misdemeanor, 

a.  d.  1679    *....♦. .;.- 259 

251.  The  Trial  of  Thomas  White,  alias  Whitebread,  Provincial  of  the  Jesuits 

m  England,  William  Harcourt,  pretended  Rector  of  London,  John 
Fbnwick,  Procurator  foe  the  Jesuits  in  England,  Joan  Gavan,  alias 
Gawbn,  and  Anthony  Turner,  all  Jesuits  and  Priests,  at  the  Old 
Bailey,  for  High  Treason,  a.  d.  1679   ; « 311 


TABLE  OF  CONTENTS. 

Page 
$53,    The  Trial  of  Ricbabb  Laxghobn,  esq.  at  the  Old  Bailey,  for  High  Trem- 

son,  a.  d.  1679    ••••• • • h„,m.    41S 

An  Answer  to  the  Rejections  on  the  Five  Jesuits  Speeches;  or, 
General  Bales  of  Christian  Charity.  Together  with  the  Speech 
of  Henry  IV.  King  of  France  in  behalf  of  the  Jesuits  [N.] 564 

Animadversions  on  the  last  Speeches  of  the  five  Jesuits,  Tin.  Thomas 
Whitb  alias  Whitbbbbad,  Provincial  of  the  Jesuits  in  England; 
WIluam  Habgoubt,  pretended  Rector  of  London;  John  Fbn- 
wick,  Procurator  for  the  Jesuits  in  England ;  John  Gay  an  alias 
Gawbn,  and  Anthony  Tubnbb  ;  who  were  all  executed  at  Ty- 
burn for  High  Treason  in  conspiring  the  Death  of  the  King,  &c 
June  20, 1679  [N.] 543 

An  Account  of  the  Behaviour  of  the  Fourteen  late  Popish  Malefec- 
tors  whilst  in  Newgate.  And  their  Discourses  with  the  Ordinary, 
viz.  Messrs.  Stalby,  Colbman,  Gboyb,  Ibbland,  Pickbbimg, 
Gbbbn,Hibb,  Bbbby,  Whitbbbbad,  Habcoubt,  Fbnwick,  Gawbn, 
Tubnbb,  and  Lbhohobn.  Also  a  Confutation  of  their  Appeals, 
Courage,  and  Cheerfulness,  at  Execution.  By  Samuel  Smith, 
Ordinary  of  Newgate,  and  Minister  of  the  Gospel  [N.] 570 

tiS.  The  Trial  of  Sir  Gbobob  Waxbman,  hart  William  Mabsmal,  William 
Rumlby,  and  Jambs  Cobjlbb,  Benedictine  Monks,  at  the  Old  Bailey, 
for  High  Treason,  a. n.  1679 ,....    591 

Some  Observations  upon  the  late  Trials  of  Sir  Gbobob  Wakbmav, 
Cobkbb,  and  Marshal,  &c  By  Tom  Ticklefbot,  the  Tahourer, 
late  Clerk  to  Justice  Clodpate 687 

The  Ticbxbb  Ticklbd  ;  or,  the  Ohservator  upon  the  late  Trials  of 
Sir  Gbobob  Waxbman,  Jtc.  observed.  By  Mabobby  Mason, 
Spinster . . 695 

The  Lord  Chief  Justice  Scaoocs's  Speech  in  the  King  VBencb,  the 
first  Day  of  this  present  Mithaelmas-Term,  1679,  occasioned  by 
many  libellous  Pamphlets  which  are  published  against  Law,  to 
the  Scandal  of  the  Government,  and  Public  Justice.  Together 
with  what  was  declared  at  the  same  time  on  the  same  Occasion,  in 
open  Court,  by  Mr.  Justice  Jombs,  and  Mr.  Justice  Dolbbn 70S 

954.    The  Trial  of  Chablbs  Kbbmb,  at  Hereford  Assises,  for  High-  Treason, 

being  a  Bomish  Priest,  a.  p.  1679    •-•• 707 

25*.    The  Trial  of  Anbbbw  Bbommich,  at  Stafford  Assises,  for  High  Treason, 

being  a  Komish  Priest,  a.  t>.  1679  ««..* 715 


TABLE  OF  CONTENTS. 

P*ge 
936.    The  Trial  of  William  Atkins,  at  Stafford  Am^  for  High  Treason; 

being  a  Romish  Priest,  a*  d.  1670....... , ..* 726 

257.    The  Trial  of  Francis  Johnson,  a  Franciscan,  at  Worcester,  for  High 

i,.a,d~  1639  [N.}..~. .. 4.*.....,. 750 


•  * «  . 


358.    The  Trial  of  Thomas  box  and  John  Lane,  at  the  KingVBench,  for  a 

-    Misdemeanor,  a.  d.  1679*  .» . • * ~    769 

99.  Th^  TrftUi  6f  LioNiL  Anderson  alias  Munson,  William  Bussel  alias 
Napfer,  Charles  P arris  alias  Paebt,  Henrt  Staekbt,  James  Corker, 
William  Marshal,  and  Alexander  Lumsden,  with  the  Arraignment 
of  Dayid  Joseph  Kemish,  at  the  Old  Bailey,  for  High  Treason,  being 
Uomish  Priests,  a.d.  1680 811 

900.    The  Trial  of  John  T? asborough  and  Anne  Price,  at  the  KingVBench, 

for  Subornation  of  Perjury,  a.  d.  1680 882 

161.  The  Trial  of  Benjamin  Haeris,  Bookseller,  at  Guildhall,  for  causing  to 
be  printed,  and  sold,  a  libel,  entitled,  "  An  Appeal  from  the  Country 
"  to  the  City,  for  the  Preservation  of  his  Majesty's  Person,  Liberty, 
"  Property,  and  the  Protestant  Religion/'  a.  d.  1680 996 

999.    The  Trial  of  Francis  Smith,  Bookseller,  at  the  Guildhall  of  Loudon,  for 

publishing  a  Libel,  a.  d.  1680    ♦ ......r. 051 

968.    The  Trial  of  Jane  Curtis,  at  Guildhall,  for  publishing  the  same  Libel, 

a.  n.  1680   «. ~ . 959 

964.    The  Trial  of  Sir  Thomas  Gascoignb,  bart.  at  the  KingVBench,  for  High 

Treason,  a. i>.  1680. 959 


965.    The  Trial  of  Elizabeth  Cellibe,  at  the  King's-Bcnch,  for  High  Treason, 

A.  D.  1680 1041 

906.    The  Trial  of  Roger  Palmrr,  esq.  Earl  of  Castlemaine,  in  the  Kingdom  of 

Ireland,  at  the  King's-Bcnch,  for  High  Treason,  a.  d.  1680 1067 

967.  The  Trial  of  Henrt  Carr,  or  Care,  at  the  Guildhall  of  London,  for  a 

libel,  a.d.  1680 ..' Ull 

968.  The  Trial  of  John  Giles,  at  the  Old  Bailey,  for  assaulting  and  attempt- 

ing to  murder  John  Arnold,  esq.  a.d.  1680 1130 

969.  The  Trial  of  Thomas  Thwinc  and  Mart  Prbssicks,  at  York  Assises,  for 

High  Treason,  a.  d.  1680  ..  1169 

97a    The  Trial  of  Elizabeth  Ceixibr,  at  the  Old  Bailey,  for  writing  and 

publishing  a  libel,  September  11th  and  13th,  a.  d.  1680 1 183 


TABLE  OF  COtfTfcNlS. 

171.    Proceedings  against  the  Fire  Popish  Lords,  vix.  the  Sari  of  Powis,  Lord 
-     Viscount  Staffobd,  Lord  Pbtke,  Lord  Aruhdel  of  WaHOoub,  and 
Lord  Bbllasvss,  for  High  Treason :  Together  with  the  Trial  of  Lord 
Viscount  Stafford,  a.d,  1678 — l6ft£.„„ «•••••«•»••••»•••••••••  121S 

The  Trial  of  William  Viscount  Staftoio,  before  the  Lords  At 
Westminster,  upon  an  Impeachment  for  High  Treason,  November 

30,    A.D.   1<380mMMMMM.MMMM.MMM ...#MM MM.Mt.MM.     1294 


COBBETTS 


i 
k 


COBBETT'S 

COMPLETE    COLLECTION 


OF 


State   Trials. 


..  i*    .-i  ... 


3SS 


3»=rS 


r  ,  '  _ 

844.  The  Trial*  of  Edward  Coleman,^  at  the  Kings-Bench,  for 

High  Treason  ;  30  Charles  I  J.  a.  d.   1678. 


ON  Wednesday  the  *Trh  of  November,  1078, 
Mr.  Coleman,  having  been  arraigned  the  Sa- 
turday before  for  High-Treason,  was  brought 
to  the  KiDg's^bencb  par,  to  receive  his  trial, 
and  the  Court  proceeded  thereupon,  as  fol- 
lowed!: 

CI.  qfCr.    Crier,  make  proclamation.  . 

Crier.  O  yes !  Our  sovereign  lord  the  king 
does  strictly  charge  and  command  all  manner 
of  persons  to  keep  silence  upon  pain  of  impri- 
sonment. If  any  one  can  inform  our  sovereign 
lord  the  king,  the  kin£s  serjeant,  or  the  king's 
attorney-general,  or  this  inquest  now  to  be  ta- 
ken, of  any  treason,  murder,  felony,  or  any 
other  misdemeanour  committed  or  done  by  the 


H^i 


•  »  From  a  pamphlet,  entitled;  «  The  Trial 
of  Edward  Coleman,  gent*  for  conspiring  the 
Death  of  the  King,  and  the  Subversion  of  the 
Government  of  England,  and  the  Protestant 
Religion :  who  upon  full  evidence  was  found 
Goilty  of  High  Treason,  and  received  Sentence 
accordingly,  on  Thursday,  November  38, 1678. 
London,  printed  for  Robert  Pawlet  at  the 
Bible  in  Chancery-lane  near  Fleetttreet,  1678. 

*  November  28,  1678.    I  do  appoint  Robert 

*  Pawlet  to  print: the  Trial  of  Edward  Cole- 

*  man :  And  that  no  other  person  presume  to 
'  print  the  same.    Wm.  Scrogcs.'  " 

f  See  the  Introduction  to  the  Trials  for 
ito  Popish  Plot,  vol.  6,  p.  1401.  Burnet's 
Hist,  of  his  Own  Time,  vol*  1,  p.  393,  thus 
introduces  Coleman  t  "  The  duchess  of  York 
had  one  pot  about  her  to*  be  her  secretary, 
Coleman ;  who  became  so  active  in  the  affairs 
of  the  party,  and  ended  his  life  so  unfortunate- 
ly, that  since  I  bad  much  conversation  with 
him,  las  circumstances  may  deserve  that  his 
character  should  be  given,  though  bis  person 
did  not,-  I  was  told,  mt  was  a  clergyman's  son  : 
Bat  be  was  early  catebed  by  the  Jesuits,  and 

He  understood 


YOU  Til. 


prisoner  at.  the  bar,  let  them  come  forth,  and 
they  shall  be  heard,  for  the  prisoner  stands  at 
the  bar  upon  his  deliverance. 

CI,  cfCr.    Crier,  make  an  O  yes. 

Crier.    O  yes  !  You  good. men  that  are  im- 

GoelJed  to  enquire  between  our  sovereign 
the  king,  and  Edward  Coleman  prisoner 
at  the  bar,  answer  to  your  names. 

CI.  cf  Cr.  Edward  Coleman,  hold  up  thy 
hand.  These  good  men  that  are  now  called, 
and  here  appear,  are  those  which  are  to  pass 
between  you  and  our  sovereign  lord  the  king, 
upon  your  life  or  death ;  if  you  challenge  any 
of  them,  you  must  speak  as  they  come  to  the 
book  to' be  sworn,  and  before  they  are  sworn. 

the  art  of  managing  controversies,  chiefly  that 
great  one  of  the  authority  of  the  church,  better 
than  any  of  their  priests.  He  was  a  bold  man, 
resolved  to  raise  himself,  which  he  did  by  de- 
dicating himself  wholly  to  the  Jesuits :  And  so" 
be  was  raised  by  them.  He  had  a  great  east* 
nets  in  writing  in  several  languages ;  and  writ 
many  long  letters,  and  was  the  chief  corres- 
pondent the  party  bad  in  England.  He  lived 
at  a  vast  ex  pence.  And  talked  in  so  positive 
a  manner,  that  it  looked  like  one  who  knew  he 
was  well  supported.     I  soon  saw  into  his  tem- 

1>er ;  and  I  warned  the  duke  of  it  t  For  I 
ooked  on  him  as  a  man  much  liker  co  spoil 
business,  than  to  carry  it  on  dexterously.  He 
got  into  tbe  confidence  of  P.  Ferrier  the  king 
of  France's  confessor ;  and  tried  to  get  into 
tlje  same  pitch  of  confidence  with  P.  de  la 
Chaise,  who  succeeded  him  in  that  post.  He 
went  about  every  where,  even  to  the  jails 
among  the  criminals,'  to  make  proselytes.  He 
dealt  much  both  in  the  giving  and  taking  of 
bribes."  See  more  of  him,  p.  892,  et  seq.  of 
the  same  volume.  His  name  occurs  in  the 
Pieces  Historiques,  annexed  to  the  (Euvres  de 
Louts  xiv. 
B 


«] 


STATE  TRIALS,  SO  CiutLE*  II.  mt<—Tritl  tf  Edward  Cokman, 


t* 


lilt  prisoner  challenging  none,  the  Court 
proceeded,  and  the  Jury  were  sworn,  vis.  sir 
Reginald  Forster,.bart. ;  sir  Charles  Lee;  Ed- 
ward Wilford,  esq.;  Jobn:  Bathurst,  esn.; 
Joshua  Galliard,  esq. ;  John  Bif§eld,  esq. ;  Si- 
mon Middleeon,  esq. ;  Henry  Johnson,  esq. ; 
Charles  Umfrevile,  esq.;  Thomas  Johnson, 
esq. ;  Thomas  Eagtesfield,  esq. ;  Win.  Bohee, 
esq* 

CI.  qfCr.    Crier,  make  an  O  yes. 

Crier.  O  yes !  Our  sovereign  lord  the  king 
dues  strictly  charge  and  command  all  manner 
of  persons  to  keep  silence  upon  pain  of  impri- 
sonment. 

CI.  cf  Cr.  Edward  Coleman,  hold  np  thy 
hand.  You  Gentlemen  of  the,  Jury  that  are 
now  sworn,  look  upon  the  prisoner,  and  hearken 
to  his  charge.  You  shall  understand,  that  the 
prisoner  stands  indicted  by  the  name  of  Ed- 
WnrdColeuTan,  late  of  the"  parish  of  St  .^Marga- 
ret's Westminster  in  the  county  of  Middlesex, 
gent,  for  that  be  as  a  false  traitor  against  our 
most  illustrious,  serene,  and  most  excellent 

£rince  Charles,  by  the  grace  of  God  of  Eng- 
ind,  Scotland,  France,  and  Ireland  king,  de- 
fender of  the  faith,  6(c.  and  his  natural  lord ; 
having  not  the  fear  of  God  in  bis  heart,  nor, 
duly  weighing  bis  allegiance,  but  being  moved 
and  seduced  ny  the  instigation  of  the  devil,  his 
cordial  love  and  true  duty,  and  natural  obedi- 
ence, (which  true  and  lawful  subjects  of  our 
said  lord  the  king  ought  to  bear  towards  him, 
and  by  law  ought  to  have)  altogether  withdraw- 
ing, and  with  all  his  strength  intending,  the 
peace  aud  common  tranquillity  of  this  kingdom 
of  England  to  disturb,  and  the  true  worship  of 
God  within  the  kingdom  of  England  practised, 
and  by  law  established,  to  overthrow,  and  se- 
dition and  rebellion  within  this  realm  of  Eng- 
land to  move,  stir  up  and  procure ;   and  the 
cordial    love  and  true  duty  and  allegiance, 
which  true  and  lawful  subjects  of  our  sovereign 
lord  the  king  towards  their  sovereign  bear,  and 
by  law  ought  to  have,  altogether  to  withdraw, 
forsake,  and  extinguish ;  aodour  said  sovereign, 
lord  the  king  to  death  and  final  destruction  to 
bring  and  pat,  the  99th  day  of  September,  in 
the,  37th  year  of  the  reign  of  our  said  sovereign 
lord  Charles  the  Sod,  of  England,  Scotland, 
Franca  and  Ireland  king,  defender  of  the  faith, 
&c.  at  the  pariah  of  St.  Margaret's  Westminster 
aforesaid,  in  the  count?  aforesaid,  falsely,  ma* 
lktou  Jy  and  traitorously  proposed,  compassed, 
imagined  and  intended,  to  stir  up,  and  raise  se- 
dition and  rebellion  within  the  kingdom  of 
England,  and  to  procure  and  cause  a  miserable 
destruction  among  the  subjects  of  our  said  lord 
the  king,  and  wholly  to  deprive,  depose,  dejject 
and  disinherit  our  said  sovereign  lord  the  suae;, 
of  his  royal  state,  title,  power,  and  rule  of  his 
kingdom  of  England,  and  u>  bring  and  put  our 
said  sovereign  lord  the  king  to  final  death  and 
destruction,  and  to  overthrow  and  change  the 
government  of  the  kingdom  of  England,  and  to 
alter  the  sincere  and  true  religion,  of  God,  in 
Miis  kingdom  by  law  established ;   and  wholly 
to  subvert  and  destroy  the  state  of  tbf  whole 


kingdom,  being  in  the  universal  parts  thereof, 
well  established  and  ordained,  and  to  levy  war 
against  our  said  sovereign  lord  the  king,  witbin 
hits  realm  of  England  t  And  to  accomplish  and 
fulfil  these  his  most  wicked  treasons,  and  trai- 
torous designs  and  imaginations  aforesaid,  the 
said  Edward  Coleman  afterwards,  that  is  to 
say,  the  t9th  day  of  September,  in  tip  27th 
year  of  the  reign  6f  our  said  lord  the  king,  at 
the  parish  of  St.  Margaret's  Westminster  afore- 
said, in  the  county  of  Middlesex  aforesaid, 
falsely,  deceitfully  and  traitorously  composed, 
contrived,  and  writ  two  letters,  to  be  sent  to 
one  M.  La  Chaise,  then  servant  and  eonfessor 
of  Lewis  the  French  king,  to  desire,  procure, 
and  obtain,  for  the  said  Edward  Coleman,  and 
other  raise  traitors  agaitist  our  said  sovereign 
lord  the  king,  the  aid,  assistance,  and  adherence 
of  the  said  French  king,  to  alter  the  true  reli- 
■"  gion  in  this  kingdom  established,  to  the  soper^ 
stitton  of  the  Church  of  Rome,  and  to  subvert 
the  government  of  this  kingdom  of  England  c 
And  afterwards,  that  is  to  say,  the  said  89th 
dsw  of  September  in  the  year  aforesaid,  at  the 
parish  of  St.  Margaret's  Westminster,  in  the 
county  of  Middlesex  aforesaid,  the  snid  Edward 
Coleman  falsely,  traitorously  and  maliciously, 
composed  and  writ  two  other  letters,  to  be 
sent  to  the  said  M.  La  Chaise,  then  servant  and 
confessor  to  the  said  French  king,  to  the  in* 
tent  that  he  the  said  M.  La  Chaise  should  in- 
treat,  procure,  and  obtain  for  the  said  Edward 
Coleman  and  other  false  traitors  against  our 
sovereign  lord  the  king,  aid,  assistance,  and 
adherence  of  the  said  French  king,  to  alter  the 
true  religion  in  this  kingdom  of  Eogland  estah* 
lished,  to  the  superstition  of  the  Church  of 
Rome,  and  to  subvert  the  government  of  this 
kingdom  of  England :    And  that  the  said  Ed* 
ward  Coleman,  in  further  prosecution  of  his 
treason  and  traitorous  imaginations  and  inten* 
tions,  as  aforesaid,  afterwards,  vis.  the  89tb 
day  of  September,  in  the  87th  year  of  the  reign* 
of  our  said  sovereign  lord  king  Charles,  of  Ent> 
land,  Ate.  the  said  several  letjers,  from  the  said 
parish  of  St.  Margaret's  Westminster,  in  the 
county  of  Middlesex  aforesaid,  falsely,  malici- 
ously and  traitorously,  did  send  to  the  said  M. 
La  Chaise,  into  parts  beyond  the  seas,  there  te 
be  delivered  so  turn :    And  that  the  said  Ed- 
ward Coleman,  afterwards,  vis.  the  1st  day  of 
December,  in  the  87  th  year  of  our  said  sovsv* 
reign  lord  the  king,  at  the  said  perish:of  fitv  - 
Margaret's  Westminster,  in  thfcotmty  of  Mid* 
dlesex  aforesaid,  did  receive  from  the  said  M. 
La  Chaise  one  letter,  in  answer  to  one  of  die 
said  letters  first  mentioned,  and  written  by  him 
the  said  Edward  Coleman  to  the  said  M.  La 
Chaise ;  which  said  tatter  ia  answer  as  afore* 
said,  falsely,  isudscwavJy,  and  traitorously  re- 
oeived,  the  day  and  year  aforesaid,  at  the 
parish  of  Se.  Margaret's  Westm  taster,  atmeseift, 
the  said  Edward  Coleman  did  falsely,  traitor* 
oosly,  and  maliciously  read  over  and  pesoses 
And  that  the  said  Edward  Cofeman,tbe  letfce* 
so  as. aforesaid,  by  him  m  answer  so  the  said 
letter  received  into  his  custody  and  possession, 


ii  * 


8TATfcTftlAUS,  30  Ciuauu  II.  \Q1t<-Jar  jg%*  IWe**. 


tk>  4^  sad  j«*  lam  m€DtV>tMd|  »C  tb«  pwriab 
of  St,  Msesjuvt's  Westnunsier  aforesaid,  « 
throoenty  *f  Middlesex  aforesaid,  did  falsely, 
imfii  ssuuiy>  and  traitorously  detain,  conceal 
•ad  keep.  By  which  letter  the  and  M.  La 
Canoe,  the  day  and  year  last  Motioned,  at  the 
parish  of  St.  Margaret's  Westminster,  in  the 
earner  of  Middlesex  aforesaid,  did  signify  and 
swoonae*  to  the  said  Edward  Coleman,  to  ob- 
tain lor  the  said  Edward  Coleman,  and  other 
false  traitors  against  oar  sovereign  lord  the 
king,  aid,  assistance  and  adherence  from  ihe 
said  French  king:  And  that  the  said  Edward 
Coleman  afterwards,  vis.  the  10th  day  of  De- 
iber,  in  the  37th  year  of  the  reign  of  our 
1  sovereign  lord  the  king,  at  the  parish  of  St. 
gam's  Westminster,  in  the  county  of  Mid- 
dlesex aibreemid,  bis  wicked  treasons  and  trai- 
torous designs  and  proposals  as  aforesaid  did 
tail  and  declare  to  one  M.  Ravigni,  envoy-ex- 
traordioary  from  the  French  king  to  oar  "most 
serene  and  sovereigQ  lord  king  Charles,  &c.  in 
the  county  aforesaid  residing,  and  did  falsely, 
snaociously/,  and  traitorously  move  and  excite 
the  said  envoy-extraordinary  to  partake  in  his 
treason ;  and  the  sooner  to  fulfil  and  complete 
Ins  traitorous  designs,  and  wicked  knagioations 
and  intentions,  the  said  Edward  Coleman  af- 
terwards, to.  the  10th  day  of  December  in  the 
2?tb  year  of  ihe  reign  of  oar  sovereign  lord 
king  Chudes  the  second  of  England,  fee*  afore- 
said, at  the  parish  of  St.  Margaret's  Westmin- 
ster, in  the  couaty  of  Middlesex  aforesaid,  did 
advisedly,  maliciously,  deceitfully,  and  traitor- 
ously compose  and  write  three  other  letters  to 
he  sent  to  one  sir  William  Throckmorton,  kt. 
then  a  subject  of  our  said  sovereign  lord  the 
king  of  this  kingdom  of  England,  and  residing 
in  France,  in. parts  beyond  the  seas,  viz.  at  the 
parish  of  St.  Margaret's  Westminster,  in  the 
coeoty  of  Middlesex  aforesaid,  to  solicit  the 
said  M.  La  Chaise  to  procure  and  obtain  of  the 
said  French  king,  aid,- assistance  and  adherence 
as  afureaaid,  and  the  said  letters  last  mention- 
ed, afterwards,  via.  the  day  and  year  last 
as  aforesaid,  from'  the  said  parish  of  St. 
V Westminster,  in  the  county  of  Mid- 
foresaid,  did  falsely  and  traitorously 
send,  and  cause  to  be  delivered  to  the  said  sir 
William  Throckmorton  in  France  aforesaid, 
his  true  allegiance,  and  against  the 
o£  our  sovereign  lord  the  king  that 
j  ht»  crown  and  dignity,  and  against  the 
form  of  'the  statute  in  that  case  made  and  pro- 


CL  of  Cr.  Upon  this  Indictment  he  hath 
-Jan  arraigned,  and  hath  pleaded  thereunto 
Not  Guilty ;  and  for  his  trial  he  puts  himself 
anon  God  and  his  country :  which  country  you 
Your  charge  is  to  enquire,  whether  lie  be 
of  the  high-treason  whereof  be  stands 
ad,  or  net  feisty.  If  you  find  him  guil- 
ts', you  are  to  inquire  what  good*  and  chattels, 
lands  and  tenements  he  had  at  the  time  when 
the  high-treason  was  committed,  or  at  any 


,  *,See  East's  Pleas  of  .the  Crown,  x.  2,  s.  68. 


time  since :  If  you  6od  him  not  jpvty,  you  are 
to  say  so,  and  no  more,  and  near  your  evi- 
dence. . 

Crier.  If  any  one  will  give  evidence  on  the 
behalf  of  our  sovereign  lord  the  king,  against 
Edward  Coleman  the  prisoner  at  the  bar,  lee 
him  come  forth,  and  he  shall  be  beard ;  for  the 
prisoner  now  stands  at  the  bar  upon  hit  deli- 
verance. 

Mr.  Recorder, (Sir Georre  Jefferies.)  May 
it  please  you,  my  Lord,  and  you  gentlemen  of 
the  jury;  Mr.  Edward  Coleman,  now  the  pri- 
soner at  the  bar,  stands  iodicted  for  high  trea- 
son, and  the  indictment  sets  forth  that  the  said 
Edward  Coleman,  endeavouring  to  subvert  the 
protestant  religion,  and  to  change  and  alter 
the  same  y  and  likewise  to  stir  up  rebellion  and 
sedition  amongst  the  king's  liege  people,  and 
also  to  kill  the  king;  did  on  the  29th  of  Sep* 
tember  in  the  27th  year  of  the  reign  of  our  so- 
vereign lord  the  king,  at  the  parish  of  St. 
Margaret's,  Westmioster,  in  this  county,  com- 
pose and  write  two  several  letters  to  one  M.La 
Chaise,  that  was  then  servant  and  oontesso* 
to  the  French  king,  and  this  was  to  procure 
the  French  king's  aid  and  assistance  to  htm 
and  other  traitors,  to  alter  the  religion  practis- 
ed, and  by  law  established  here  hi  England, 
to  the  Romish  superstition.  The  Indictment 
sets  forth  likewise,  That  on  the  same  day  he 
did  write  and  compose  two  other  letters  to  the 
same  gentleman,  that  was  servant  and  con- 
fessor to  the  said  king,  to  prevail  with  him  to 
procure  the  French  sint/s  assistance  to  alter 
the  religion  in  this  kingdom  established  to  the 
Romish  religion.  The  indictment  sets  farther 
forth,  that  he  caused  these  twe  letters  to  be 
sent  beyond  seas.  And  it  also  sets  forth,  that 
on  the  10th  of  December,  the  tame  month,  he 
did  receive  a  letter  from  the  gentleman  that 
was  the  confessor,  in  answer  to  one  of  the 
former  letters,  and  iu  that  letter  aid  and  assist* 
ance  from  the  French  king  was  promised ;  and 
that  he  did  traitorously  conceal  that  letter. 
My  Lord,  the  Indictment  sets  out  further,  that 
on  the  10th  day  of  the  same  month,  he  did  re* 
veal  his  treasons  and  traitorous  conspiracies  to 
one  Monsieur  Ravigni,  who  was  envoy  from 
the  French  king  to  his  majesty  of  Great-Bri- 
tain. And  his  Indictment  declares,  he  after* 
wards  did  write  three  letters  more  to  sir  William 
Throckmorton,  then  residing  in  France,  to 
procure  the  French  king's  assistance  to  the  al- 
teration of  the  religion  practised  here  in  Eng- 
laud.  Of  these  several  offences  he  stands  here 
indicted. 

To  this  he  hath  pleaded  Not  Guilty.  If  we 
prove  these,  or  eitner  of  them  in  the  Indict- 
ment, you  oogbt  to  find  him  guilty. 

Serj.  Maytutrd.  May  it  please  .your  lord- 
ship, and  yoo  gentlemen  of  toeiury :  This  is  n 
case  of  great  concernment.  Gentlemen,  the 
prisoner  at  the  bar  stands  indicted  for  no  lest 
than  an  intention  and  endeavour  to  murder 
the  king; Jbr  an  endeavour  and  attempt te 
change  the  government  ef  the  nation,  so  wall 
settled  and  instituted,  and  to  bring  us  nil  to 


VMM 


71 


STATE  TWAIA  so  Cuiut  U.  ltfs~*ftM  tf&mtri  <Mma», 


[* 


ruio  and  slaughter  of  one  -another ;  and  lac  m 
endeavour  to  alter  the  Protectant  religion,  and 
to  introduce  instead  of  it  the  Romish  supersti- 
tion, and  Popery. 

This  is  the  charge  in  general,  of  the  Indict- 
ment.     We    will    proceed  anto    particular*) 
whereby  it  may  appear,  and   whereupon  be 
endenvooreth  to  accomplish  his  ends.    One  or 
two  letters  -written  to  M.  La  Chaise  (he  is  a 
foreigner,  and  we  bate  nothing  to  say  to  him, 
being  confessor  to  the  French  king)  it  was  to 
eicite  and  stir  him  up  to  procure  aid  and  as- 
sistance (and  you  know  what  aid  and  assistance 
■leans)  from  a  foreign  prince,  arms,  and  other 
levies.    We  charge  bin  with  it,  that  he  did  re- 
ceive this  letter,  ay,  and  received  an  answer 
with  a  promise,  that  he  shoe  Id  have  assistance. 
He  writ  other  letters  to  sir  William  Throck- 
morton, who  traitorously  conspired  with  him, 
*nd  had  intelligence  from  time  to  time  from 
him.   .This  is  the  charge  in  the  Indictment  3 
To  which  he  bath  pleaded,  Not  Guilty.    We 
will  go.  on  in  onr  evidence :  J  shall,  but  mora 
generally,  open  our  method,  that  we  intend  to 
take.    For  it  may  seem  strange,  and  is  not  rea- 
sonably to  he  imagined,  that  a  private  gentle- 
man, as  the  prisoner  at  the  bar  is,  should  have 
such  vast  and  great  designs  as  this,  to  alter, 
religion,  destroy  the  government,  ay,  and  de- 
stroy the  subjects   too  in  a  great   measure. 
But  it  is  not  himself  alone,  but  he  employs 
himself  for  foreign  assistance,  great  eonJedera- 
,  cies  and  combinations  with  the  subjects  of  that 
king,  many  of  whom  he  did  pervert. 

In  the  course  of  the  Evidence  I  shall  not 
open  the  particulars :  (Mr.  Attorney,  I  think, 
wall  do  thatjby  and  by)  those  that  we  have  oc- 
casion to  sneak  of,  and  shall  in  proof  mention 
CO  you,  will  be  these :  La  Chaise,  the  French 
king's  present  confessor,  we  have  mentioned : 
before  him  there  was  one  Father  Ferryer,  with 
whom  be  held  correspondence.    That  Ferryer 
being  removed  by  death,  the  prisoner  had  an 
employment  here  amongst  us,  by  which  he 
gave  La  Chaise  instructions  bow  to  proceed. 
This  gentleman   is  the  peat  contriver   and 
plotter*  which  gives  him  instructions  how  to 
proceed.    He  doth  give  him  an  account  by 
way  of  narrative,  how  all   tilings  had  stood 
una*  former  treaties  and  negotiations,  how  bu- 
sinesses were  contrived,  and  how  far  they  were 
gone;  this  he  diligently  and  accurately  gives  an 
account  of.    This  (my  lord)  doth  discover  and 
delineate,  what  hath  been  done  before  until 
1674.    My  lord,  there  was  likewise  sir  Wm. 
Throckmorton  and  some  others,  that  are  Eng* 
lisbmen  too,  there  are  none  of  them  but  what 
were  first  Protestants ;  but  when  they  once  re- 
nounced their  religion,  no  wonder  they  should 
renounce  their  nation*  and  their  prince  too. 
He  was  gone  beyond  the  seas,  several  letters 


past  between  them,  and  all  to  promote,  and  en- 

desien.   1 


courage,  end  aocomphob  this  design.   My  lord, 
there  is  likewise  a  consult  of  Jesuits  used  too, 
where,  in  .express  words,  they  designed  to  mur- 
der the  king*  or  cootrsred  and  advised  upon  it. 
Mj  L^&m+**fmln*hnm(l  open 


bug  the  beads  of  things)  sent  a»  Windsor  ts> 
murder  the  king ;  this  gentleman  Mocked  end  • 
disbursed  money  about  this  basinets,  and  on*) 
Asbby  a  Jesuit  here  bad  instructions  mam  Mm  * 
to  prosecute  the  design,  and  to  treat  with  a  • 
physician  to  poison  the  king.    This  the  pri- 
soner  approved  of,  and  contributed   to  is* 
There  were  communions,  as  I  take  it,  delivered 
from  Ferryer,  or  by  bis  hand,  that  came  from 
foreign  powers.    Sir  Henry  Titchooume  waa 
another    that    received  and   delivered  com* 
missions.    Pompone  the  French  gentleman,  he 
maintains  intelligence  with  him  about  this  bin  • 
siness,  die  titular  archbishop  of  Dublin. 

There  is  Cardinal  Norfolk,  by  him  be  had 
accession  to  the  Pope.  There  was  likewise) 
the  Pope's  Nuncio  (I  do  not  open  the  trene- 
actions  of  these  instructions);  these  parti* 
cnlars  will  be  made  oat,  not  only  by  witness 
vtva  voce*  and  not  single  only,  but  by  letters  of 
this  Mr.  Coleman's  own  writing.  But  I  oner 
that  to  the  consideration  of  the  jury. 

Mr.  Oates  was  the  first  man,  that  we  hear 
of,  that  discovered  this  treason;  he  was  the, 
single  man  that  discovered   so  many  active 
agents  in  so  great  a  treason  as  this  was,  and  it 
needed  to  be  well  seconded ;  but  he  being 
found  to  be  but  single,  the  boldness  and  eos> 
rage  of.  these  complotters  in    it  grew  great 
thereupon.     We  know   what  followed;   the 
damnable  murder  of  that  gentleman,  in  exe- 
cution of  his  office,  so  hellishly  contrived,  and 
the  endeavours  that  were  used  to  hide  it,  every- 
body knows  :  how  many  stories  were  told  to 
bide  that  abominable  murder,  how  many  lias 
there  were  about  it,  but  it  could  not  be  sup* 
pressed.    The  nation  is  awakened  out  of  sleepy 
and  it  concerns  us  now  to  look  about  us.    But 
all  this  while  Mr.  Coleman  thought  himself 
safe,  walked  in  the  fields,  goes  shroud,  jea- 
loesv  increasing,  and  he  himself  stilt  secure. 

The  letters  that  are  produced  go  but  to  some 
part  of  the  year  1675  :  from  1675  unto  167S 
all  lies  in  the  dark,  we  have  no  certain  proof  of 
it;  but  we  apprehend  he  had  intelligence  until 
1678 ;  that  there  were  the  same  persons  cos* 
tinuing  here,  and  bis  company  increasing  here: 
but  this  I  speak  but  as  probable,  (hot  very  e» 
ceeding  probable)  that  there  was  other  pasv 
tares  of  intelligence  between  this  person  nod 
other  confederates. 

It  seems,  my  ford,  that  this  Coleman  waa 
aware  that  he  was  concerned :  but  God  blinded 
and  intonated  him,  and  took  away  his  reason. 
It  is  no  question  bat  he  carried  away  some  of 
those  papers ;  those  that  were  left  behind,  and 
are  produced,  he  fosgot  and  neglected;  and 
by  that  (my  lord)  those  which  are  produced, 
are  evidence  against  him  at  this  time.  Surety 
he  thought  we  were  in  such  a  condition,  that 
had  eyes  and  could  not  see,  and  ears  that  cosed 
not  hear,  and  understandings  without  undsr- 
standing :  for  he  was  bold,  and  walked  abroad, 
and  that  until  this  prosecution  was  made  upon 
him,   he  endeavoured   so  murder  the  king, 


change  the  government,  make  an  alteration  of 
rehjpooi  imfdmtrHCtion  of  Protestants,  as  Y*fH 


STATB  TOALS,  *»  Charuu  II.  IrJTeWbr  jU%n  Trt**m. 


i  will   be 
they  wet*  **■ 
t  them  in  the 
wilK  doubt 


Jones.)    Muy  it 


as  tks 

paean  ey 

jenes  by  the  date,  tbnt 

date's  uame.    And  by 

feet  he  m  a  greet  traitor. 

itl0m.Oes.  (8tr 
phase  roar  lovuahip,  and  you  gentlemen  of  the 
jury,  the  king's  serjcamt  bathopened  the  ge- 
neral parte  of  enr  evidence ;  and  we  have 
renee  to  fceesea  task  our  evidence  will  be  eery 

S,aud  will  take  ep  much  of  yoor  time; 
lationio  1  shall  spend  no  mere  time  in 
oaeaing  of  it  than  it  just  necessary;  And 
isdeau,  my  lord,  Mr.  Coleman  himself  bath 
jawed  me  orach  of  the  labour,  which  otherwise 
I atoeieiMT* bestowed;  for  he  hath  left  such 
elegant  end  copious  narratives  of  the  whole 
etuge  under  his  own  hand,  that  the  reeding 
ef  them  will  be  better  then  any  new  one  1  con 


(10 


but,  my  lord,  some  short  account  I  shall 
fite  joe,  such  as  may  shew  you  the  course  of 
ear  £ridence,  nod  will  make  our  evidence, 
ante  it  coaeee  to  be  given,  to  be  more  inteW 

%hie. 
My  lord,  It  wiil  appear,  that  there  hath  been 

far  awny  years  last  past  a  more  than  ordinary 
eVuga  and  industry  to  brio*,  in  the  Popish,  and 
emurpate  the  Protestant  reKpon.  I  doubt  not 
bet  uns  design,  in  some  measure,  hath  been 
eontirtieg  ever  suce  the*  reformation,  t<y  the 
Jcjssts,  or  some  of  their  emissaries,  but  hath 
•ten  received  interruption  ;  so  that  they  have 
proceeded  sometimes  more  coldly,  sometimes 
nwre  hotly :  and  I  do  think,  at  no  time  since 
lbs  n&nnetion,  that  ever  this  design  was  car- 
ried en  with  greater  industry,  nor  with  fairer 
bopsa  of  success,  then  for  these  last  years. 

sty  lord.  You  will  hear  from  oor  witnesses, 
that  the  eist  onset,  which  was  to  be  made 
aeon  as,  was  by  whole  troops  of  Jesuits  and 
priests,  who  were  sent  hither  from  the  semina- 
ries abroad,  where  they  had  been  trained  up  in 
all  the  sanctity  nnd  skill  that  was  fit  to  work 
anon  the  people. 

Ifylevd,  yon  will  hear  how  active  they  have 
been,  and  what  msmoations  they  used  for  the 
perverting  of  particular  persons.  After  some 
lane  spent  in  such  attempts,  they  quickly  grew 
weary  of  that  course ;  though  they  got  some 
Proselytes,  they  were  but  few.  Some  bodies, 
in  whom  there  was  a  predisposition  of  humours, 
ware  isdectjpd,  but  their  numbers  were  not 
great.  They  at  last  resolve  to  take  a  more 
espeditieun  way ;  for  in  troth,  my  lord,  they 
ceuM  not  far  prevail  by  the  former.    And  I 

"  '  with  all  »ny  heart,  that  the  bodies  of  Pro- 
tuny  be 'as  much  out  of  danger  of  the 
.  of  their  hands,  as  their  understandings 
wiH  be  of  the  force  of  their  arguments,  But, 
are  lord,  arisen  this  way  wonM  not  take,  they 
began  eisen  to  consider  they  must  throw  It  aU 
at  ewbe.  No  doubt  but  they  would  have  been 
glad,  thnt  the  people  of  England  had  had  but 
one  neck  ;  but  they  knew  the  people  of  England 
baa)  hot  owe  head,  and  therefore  they  were  rev 
sq^w)  sterile  at  that. 


My  lord,  yen  will  find,  that  there 
moos  of  the  principal  Jesuits,  of  the  meet  able 
head-pieces,  who  were  to  meet  m  April  or  May 
last,  to  consult  of  very  great  things,  of  a  molt 
diabolical  nature,  no  less  than  how  to  take 
away  the  life  of  the  king  oar  sovereign. 

My  lord,  you  will  find  (as  is  usually  practised 
hi  such  horrid  conspiracies,  to  make  aM  secure, 
that  there  was  an  oath  of  secrecy  taken,  and 
that  upon  the  Sacrament.  You  will  find  agree* 
menu  made,  that  this  most  wicked  and  hor- 
rible design  should  be  attempted.  You  wtt 
find  two  villains  were  found  among  them,  who 
undertook  to  do  this  execrable  work;  and  yon 
will  hear  of  the  rewards  they  were  to  have: 
money  in  case  they  did  succeed,  and  masses 
good  store  in  case  they  perished;  so  that  their 
bodies  were  provided  lor  in  case  they  survived, 
and  their  souls  if  they  died.  My  lord,  What 
was  the  reason  they  did  not  effect  their  design, 
hot  either  that  these  villains  wanted  oppor- 
tunity, or  their  hearts  failed  them  when  thev 
came  to  put  in  execution  this  wicked  design  ? 
Or,  perhaps  (which  is  most  probable)  it  was 
the  Providence  of  God,  which  over-ruled  them, 
that  this  bloody  design  did  not  take  its  effect. 

But  these  gentlemen  were  not  content  with 
one  essay,  they  quickly  thought  of  another ; 
and  there  ware  four  Irish-men  prepared  (men 
of  very  mean  fort  ones,  and  desperate  condV 
tions),  and  they  were  to  make  the  attempt  no 
longer  since,  than  when  the  king  was  last  at 
Windsor. 

My  lord,  I  perceive  by  the  Proofs,  that  these 
last  assassinates  went  down  thither ;  but  it 
came  to  pass  (for  some  of  the  reasons  afore* 
said)  that  that  attempt  failed  likewise. 

My  lord,  These  gentlemen,  those  wise 
heads,  who  had  met  here  in  consultation,  did 
then,  and  long  before,  consider  with  themselves, 
that  so  mat  a  cause  as  this  was  not  to  be  put 
upon  the  hazard  of  some  few  hands ;  tney 
therefore  proposed  forces,  aids,  and  assistances, 
both  at  home  and  abroad,  to  second  this 
wicked  design,  if  it  had  succeeded  as  to  the 
person  of  the  king ;  and  if  that  failed,  then  by 
their  foreign  and  domestic  aids  and  assistances, 
to  begin  and  accomplish  the  whole  work  of 
subverting  our  government  and  religion.  And 
here  we  must  needs  confess,  as  to  the  former 
part  of  tbw  Plot,  which  we  have  mentioned,  I 
mean  the  attempt  upon  the  king's  person,  Mr. 
Coleman  was  not  the  contriver,  nor  to  he  the 
executioner;  hut  yet  your  lordship  knows,  m 
all  treasons  there  is  no  accessary,  hot  ever} 
man  is  a  princtpnl.  And  thus  much  we  have) 
against  him,  even  as  to  this  part  of  the  deuign, 
which  will  involve  him  in  the  whole  eoih  of  it, 
that  Mr.  Coleman  consented  to  it,  though  his 
band  were  not  to  do  it  Mr.  Coleman  encou- 
raged a  mrssenger  to  carry  money  down  as  a 
reward  of  these  murderers,  that  were  at  Wind- 
sot;  of  this  we  have  ntoof  amrinst  him,  which 
is  sufficient.  My  lorn,  Mr.  Coleman,  as  a  man 
of  greater  abilities,  is  icscrved  for  gseater  em* 
ployments,  and  such  wherein,  I  confess,  sil  his 
wese  httleeaough*    There  ware  oego- 


U]  STATE  TRIALS,  *0  Charu*  U  W$^~ Trial  qf&kWrd  CoU*an,  [\p 

tiations  lo  be  made  with  men  abroad,  money 
|»  be  procured,  partly  at  borne  from  friend* 
here,  and  partly  abroad  from  those  that  wished 
them  well :  and  ia  all  these  negotiations  Mr. 
Coleman  bad  a  mighty  hand;  and  yon  will 
perceire  by  and  by  what  a  great  progress  he 
made  in  them.  This  conspiracy  went  so  far, 
as  you  will  bear  it  proved,  that  there  were  ge- 
neral officers  named  and  appointed,  that  should 
command  their  new  Catholic  army,  and  many 
were  engaged,  if  not  listed.  Thee e  were  not 
Only  in  England,  but  in  Ireland  likewise, 
where  arms  and  all  other  necessaries  were  pro- 
vided, and  whither  great  sums  of  money  were 
retained  to  serve  upon  occasion.  But  one 
.thing  there  is,  my  lord,  that  comes  nearest  Mr. 
Coleman :  as  there  were  military  officers 
named,  so  likewise  the  great  civil  places  and 
offices  of  the  kingdom  were  to  be  disposed  of; 
I  will  not  name  to  whom  at  this  time,  more 
than  what  is  pertinent  to  the  present  business. 
This  gentleman,  such  were  his  great  abilities, 
'the  trust  and  reliance  that  his  party  had  upon 
him,  that  no  less  an  office  would  serve  his  turn 
than  that  of  principal  secretary  of  state ;  and  he 
had  a  commission,  that  came  to  him  from  the 
superiors  of  the  Jesuits,  to  enable  him  to  exe- 
cute that  great  office.  My  lord,  it  seems 
strange,  that  so  great  an  office  should  be  con- 
ferred by  no  greater  a  man  than,  the  superior 
Of  the  Jesuit*.  But  if  the  pope  can  depose 
kings,  and  dispose  of  kiugdoros,  no  wonder  if 
the  superior  of  the  Jesuits  can  by  a  power  de- 
legated from  him  make  secretaries.  It  is  not 
certain  what  the  date  of  this  commission  was, 
nor  the  very  time  when  be  received  it :  but  I 
believe  he  was  so  earnest  and  forward  in  this 
Plot,  that  he  began  to  execute  his  office  lone 
before  be  had  his  commission  for  it ;  for  I  find 
by  his  letters,  which  are  of  a  more  early  date, 
that  be  had  proceeded  so  far  as  to  treat,  with 
father  Ferryer,  who  was  the  French  king's  con- 
fessor,, before  he  had  actually  received  this 
commission*  You  will  understand  by  the  let- 
ters/which  we  shall  produce,  what  he  bad  to 
do  with  him,  and  what  with  the  other  con- 
fessor that  succeeded,  Father  La  Chaise. 
There  were  two  small  matters  they  treated  of, 
no  less  than  the  dissolving  the  parliament ;  and 
the  extirpation  of  the  Protestant  religion.  Nay, 
you  will  find,  and  you,  will  bear  enough,  when 
the  letters  come  to  be  read,  that  Mr.  Coleman 
made  many  strokes  at  the  parliament,  be  bad 
no  good  opinion  of  them.  And  we  cannot 
blame  him;  for  without  all  perad venture  they 
bad  made,  and  I  hope  ever  will  make,  strong 
resistance  agaiust  such  designs  as  these.  But 
«  great  mind  he  had  to  be  rid  of  tbem ;  and 
be  bad  hopes  of  great  sums  of  money  from 
abroad,  if  it  had  been  to  be  done  that  way. 
And  it  is  very  remarkable  (and  shews  the 
vanity  of  the  man,)  he  had  such  an  opinion  of 
the  success  of  these  negotiations,  that  be  had 
penned  a  declaration  prepared  by  him,  and 
writ  with  his  own  hand,  to  be  published  in 
print,  upon  tbe  dissolution  of  the  parliament, 
to  justify  that  action  with  rospy  specious  and 


plausible  reasons.    As  he  did  this  without  any  - 
direction,  so  he  take*  upon  bun  tn  write  a  de- 
claration, as  in  the  name  of  thw  king,  without 
the  least  shadow  of  any  command  to  do  it,  so 
he  prepares  a  letter  also  in  the  name  of  the  - 
duke :  and  I  would  not  affirm,  unless  I  could 
prove  it,  and  that  from  his  own  confession, 
(being  examined  before  the  lords  upon  oath) 
that  he  had  no  manner  of  authority  from  the 
duke  to  prepare  such  a  letter ;  and  when  it 
was  writteo  and  brought  to  the  duke,  it  was) . 
rejected,  *»d  the  writer  justly  blamed  for  hie  •■ 
presumption.    By  this  you  will  perceive  the  * 
forwardness  of  this  man.    Aud  you  must  of 
necessity  take  notice,  that  in  his  letters  he  took* 
upon  himself  to  manage  afiairs,  as  authorised 
by  the  greatest  persons  in  the  kingdom,  yet 
without  the  least  shadow  of  proof  that  be  was 
by  them  impowered  to  do  it. 

My    lord,   you   shall    find,   Mr.    Coleman  * 
thought  himself  above  all;  and  each  was  bis 
own  over-weening  opinion  of  his  wit  and  po- 
licy, that  he  thought  himself  the  sole  and  su- 
preme director  of  all  the  affairs  of  the  Catho- 
lics.   You  will  likewise  perceive  that  he  held, 
intelligence  with  cardinal  Norfolk,*  with  Fa- 
ther Sheldon,  and  the  pope's  internuncio  at 
Brussels.    And  I  cannot  but  observe  out  of 
the  proofs,  that  as  we  shall  find  Mr.  Coleman, 
very  ambitious  and  forward  in  .all  great  affairs, 
so  be  had  a  little  too  much  eye  to  the  reward  p 
he  looked  too  much  a-equint  upon  the  matter 
of  money:  his  great  endeavours  were  not  so* 
much  out  of  conscience,  or  out  of  seal  to  hi* 
religion,  as  out  of  temporal  interest ;  to  him 
gain  was  instead  of  godliness.    And  by  me  let- 
ters to  the  French  confessor  M.  La  Chaise,  it  ' 
will  be  proved,  that  he  got  much  money  from. 
the  Catholics  here,  and  some  from  abroad,  but 
still  be  wanted  money.     What  to  do  i  (I  do 
not  mean  the  greater  sum  of  200,000/.  to  pron 
cure  the  dissolution  of  the  parliament,   but 
some  SOyOOO/.  only)  to  be  expended  by  him 
in  secret  service,  I  do  not  know  what  ac-. 
count  he  would   have  given  of  it,  if  he  had 
been  intrusted  with  it.    But  that  he  earnestly 
thirsted  after  money,  appeareth  by  most  of  ma 
letters.  t 

My  lord,  you  will  observe,  besides  his  in- 
telligences, that  be  bad  with  father  La  Chaise, 
and  several  others,  one  that  deserves  to  bo 
named,  and  that  is  his  negotiation  with  sir 
William  Frogmorton,  who  was  sent  over  into 
France,  and  there  resided  a  long  time  to  pro- 
mote these  designs.  He  is  dead;  therefore 
I  will  not  say  much  of  him,  as  I  would  say 
against  him,  if  lie  was  here  to  be  tried.  But, 
my  lord,  I  find  in  bis  letters  such  treasonable^ 
such  impious  expressions  against  the  king,  sucn 
undtttiful  characters  of  him,  that  no  good  sub- 
ject would  write,  and  no  good  subject  would 
receive  and  conceal,  as  Mr.  Coleman  hath 
done.  My  lord,  it  may  pass  for  a  wonder, 
how  we  came  to  be  masters  of  aU  these  pa- 
pers ;  it  has  in  part  been  (old  you  already. 

There  was  an  information  given  of  the  ge- 
neral design^nay  of  some  of  the  particular* 


tt)  tfTATE  TRIALS  SO  Charles 

against  the  bag's  life.  And  without  al)  petad- 
veatare,  Mr.  Coleman  knew  of  this  discovery; 
aed  lie  kaaw  that  he  had  papers  that  could 
speak  too  attach,  and  he  had  time  and  oppor* 
teaky  enough  to  nave  made  them  away;  and  I 
make  no  question  bat  he  did  make  many 
•way.  We  are  not  able' to  prove  the  conti- 
naanoe  of  hie  correspondence,  so  as  to  mate  it 
dearly  out ;  hot  we  suppose  that  continued 
eetift  urn  day  he  was  seised.  And  there  is 
this  to  be  proved,  that  letters  came  for  Mm, 
ibongh  we  cannot  say  any  were  deHVefed  to 
aha,  after  lie  was  in  prison.  Bat  without  all 
aeradtentare  the  man  had  too  much  to  do,  too 
©any  papers  to  conceal :  then,  you'll  say,  he 
might  have  bornt  them  all  (for  many  would 
tarn  as  well  as  a  few  :)  But  then  he  had  lost 
aiucfa  of  the  honour  of  a  great  statesman ; 
many  a  line  sentence,  and  many  n  deep  in- 
trigue bad  been  lost  to  alt  posterity.  I  believe 
that  weowe~this  discovery  tosomethint  of  Mr. 
Coalman's  vanity  :  he  would  not  lose  the  (dory 
of  managing  these  important  negotiations  about 
to  great  a  design :  Hf  thought  it  was  no  small 
fcpatatioo  to  be  intrusted  with  the  secrets  of 
foreign  ministers.  If  this  was  not  his  reason, 
God  (I  believe)  took  away  from  him  that  clear- 
aess  of  jodgtnent,  and  strength  of  memory, 
which  he  had  upon  other  occasions.  * 

My  lord,  I  shall  no  longer  detain  yon  from 
reading  the  papers  themselves.  But  I  cannot 
hot  account  tins  kingdom  happy,  that  these 
p apsis  are  preserved.  For  (my  lord)  we  are  to 
deal  with  a  sort  of  men,  that  have  that  prodi- 
gians  confidence,  that  their  words  and  deeds 
(though  proved  by  never  so  unsuspected  testi- 
mony) they  will  still  deny.  Bat  (my  lord)  no 
denial  of  this  plot  will  prevail,  for  Mr.  Cole- 
man himself  bath,  with  his  own  band,  recorded 
ths conspiracy:  nad  ve  can  prove  bis  hand, 
noc  oafy  by  Ins  own  servants,  and  relations,  but 
by  Ins  own  confession.  So  that  (my  Lord)  I 
dnabt  not,  that  if  there  be  any  of  their  own 
nasty  that  hear  this  trial,  they  themselves  will 
be  satisfied  with  the  truth  of  these  things.  And 
I  believe  we  have  an  advantage  in  this  case, 
witch  they  will  not  allow  us,  in  another 
saatner ;  namely,  that  we  shall  be  for  this  once 
permitted  to  believe  our  own  senses.  Our 
Evidence  coosssfeth  of  two  parts :  one  is,  wit* 
i  ftfoi,  which  we  desire  (with  the  fa- 
ce* the  oeurt)  to  begin  with ;  and'  when 
s  4kme,  we  shall  read  several  letters  or 
negotiations,  in  writing,  and  so  -submit  the 
to  josjt  lornShip^a  direction. 


Aa>.    I  bag  leave  that  a  poor  ignorant  man,  • 

o  heavily  charged.  Atk  it  seems  a  1  ittte 

to  consider  the  reason,  why  a  prisoner, 

s  case  as  this  is,  is  not  allowed  counsel ; 

yomr  lordship  is  supposed  to  be  counsel  for 

Butt  1  think  it  very  hand  I  cannot  be 

naV  counsel;  and  I  humbly  hope  your 

krdabrp  will  not  sotier  ma  to  he  lost  by  things 
that  myself  cannot  answer.  I  deny  the  con- 
but  the  nrsaafltes  are  too  strong  and 


It.  \61B —for  High  Treason.  [H 

Sir  WiU&m  -Scrogg*  LsC.  J.     i* on  cannot 
the  premises,  but  that  yon  have  done 
these  things:    but  you  deny  the  conclusion, 
that  you  are  a  traitor 4 

Prit.    I  can  safety  and  honestly.        '  '  * 

L.  C.  J.  You  would  make  a  better  Secre- 
tary of  State,  than  a  logician ;  for  they  neter 
deny  the  conclusion. 

JVit.  I  grant  it  year  Lordship  :  yob  *See 
the  advantage  great  men  have  of  me,  that  do 
not  pretend  to  Logic. 

£.  C.  J.  The  labour  lies  upon  their 
hands ;  the  proof  belongs  to  them  to  make  our 
these  intrigues  of  yours ;  therefore  von  need! 
not  have  counsel,  because  the  proof  must  be 
plain  upon  you,f  and  then  it  wnl  be  in  vain  to 
deny  the  conclusion. 

Pro.  I  hope,  my  lord,  if  there  be  any  point 
of  law  tbttt  I  am  not  skilled  in,  that  your  lord- 
ship will  be  pleased  not  to  take  the  advantage 
over  me.  Another  thing  seems  most  dreadful, 
tba\  is,  the  violent  prejudice  that  seems  to  be 
against  every  man  in  England,  that  is  confessed 
to  be  a  Jtanan  Catholic.  It  is  possible  that  a 
Roman  Catholic  may  be  very  innocent  of  these 
crimes.  If  one  6f  those  innocent  Roman  Ca* 
tbolics  should  come  to  this  bar,  he  lies  under 
such  disadvantages  already,  and  hb  nrejodices 
so  greatly  bfasseth  human  nature,  tnat  unless 
your' lordship  will  lean  extremely  much  on  the 
other  side,  justice  will  hardly  stand  upright; 
and  lie  upon  a  level.  But  to  satisfy  your  lord- 
ship, I  do  not  think  it  any  service  to  destroy 
any  of  the  king's  subjects,  unless  it  be  in  a  very 
plain  case. 

L.  C.  J.  You  need  not  make  any  prepara- 
tions for  us  in  this  matter,  you  shall  have  a  fair,' 
just,  and  legal  trial :  if  condemned,  it  will  be 
apparent  you  ought  to  be  so ;  and  without  a 
fair  proof,  there  shall  be  no  condemnation. 
Therefore  you  shall  find,  we  will  not  do  to  you, 
as  you  do  to  us;  blow  up  at  adventure,  kill  peo-  - 
pie  because  they  are  not  of  your  persuasion  ; 
our  religion  teacheth  us  another  doctrine,  and 
you  shall  find  it  clearly  to  your  advantage.  We 
seek  no  man's  blood  but  our  own  safety.  Put 
you  are  brought  here  from  the  necessity  of 
things,  which  yourselves  have  made ;  and  from 
your  own  actions  you  shall  be  condemned  or 
acouitted. 

Frit.  It  is  supposed  upon  Evidence,  that' 
the  Examinations  that  have  been  of  me  in  piv* 
son,  are  like  to  be  evidence  against  me  how  j  I 
have  nothing  to  say  against  it :  but  give  me 
leave  to  say  at  this  time,  that  when!  was  in 

prison,  I  was  upon  my  ingenuity  charged ;  I 

-----      — * 

*  See  the  character  of  this  Chief  -Justice  as 
drawn  by  Burnet,  ante  vol.  6,  p.  1495.  And 
what  opinion  the  House  of  Commons  had  of 
him  by  their  votes  Dec.  25, 1680.  See  Cob- 
hetr/s  Pari.  Hist.  vol.  4.  And  see  more  of  him 
in  a  note  to  the  trial  of  Mrs.  Cellier  for  High 
Treason,  Jpne  81, 1680,  infra. 

t  See  the  Note  to  Don  Pauraleon  Se'sCase, 
ante,  vol.  4,  p.  466,  and  that  fee  Twyn's  Cese^ 
eat*,  vol.  6,  p.  frlS. 


f 


1J]         STATE  TRIALS*  30  Cju»l»s  II.  l6?«.-~4Ko!  qf  Edward  Caiman,         [16 


premised  I  would  confess  all  I  knew.  And  I 
only  say  tbis,  That  what  t  said  in  prison  is  true, 
and  am  ready  at  any  time  to  swear  and  evi- 
dence, that  that  is  all  thejrutb. 

L.  C.J.  It  is  all  true  thai  you  say ;  but  did 
you  tell  all  that  was  true? 
-    Pri$*  I  know  no  more,  than  what  I  declared 
.  to  the  two  Houses. 

£.  C.  J.  Mr.  Coleman,  t  will  tell  you  when 
you  will  be  apt  to  gain  credit  in  this  matter : 
you  say,  that  too  told  all  things  that  you  knew, 
the  truth,  and  the  whole  truth.  Can  mankind 
he  persuaded*  that  you,  that  bad  tbis  negotiation 
in  167*  and  1675,  left  off  just  then,  at  that 
time  whea  tout  letters  were  found  according  to 
their  dates  r  do  you  believe,  there  was  no  ne- 
gociation after  1675,  because  we  have  not  found 
them?  have  you  spoke  one  word  to  that }  have 
yea  confessed,  or  produced  those  papers  and 
weekly  imellisjrace  r  when  you  answer  that,  you 
may  have  credit ;  without  that,  it  is  impossible : 
for  I  cannot  £ive  credit  to  one  word  you  sap 
unless  you  give  an  account  of  the  subsequent 
qesjpcaation. 

Prix.  After  that  time  (as  I  said  to  the  House 
of  Commons)  1  did  give  over  corresponding. 
t  did  offer  to  take  aH  oaths  and  torts  in  the 
world,  that  I  never  bad  one  letter  for  at  least  f 
two  years ;  yea,  (that  I  may  keep  myself  within 
compass)  I  tbiak  it  was  for  three  or  tour.  Now 
I  have  acknowledged  to  the  House  of  Com- 
mons, I  have  bad  a  cursory  correspondence, 
which  1  never  regarded  or  valued ;  but  as  the 
letters. came,  I  burnt  them,  or  made  use  of  them 
as  common  paper.  I  say,  that  for  the  general 
correspondence  I  have  had  for  two  or  three 
years,  they  have  bad  every  one  of  them  letters 
that  I  know  of. 

Alt.  0<n.  Whether  you  bad  or  no,  you  shall 
have  the  fairest  trial  that  can  be.  And  we 
cannot  blame  the  gentleman,  for  he  is  more 
used  to  greater  affairs,  than  these  matters  or 
form*  of  law.  Bui  my  lord,  I  desire  to  go 
unto  evidence,  and  when  that  is  done,  he  shall 
be  heard,  as  long  as  he  pleasetb,  without  any 
interruption.  It  he  desire  it,  before  I  give  my 
evidence,  let  him  have  Pea,  Xok,  and  Paper 
with  your  lordship's  leave. 

JL.  Q.  /.  Help  him  to  pen,  ink,  and  paper* 

Hccord.  Then  we  desire  tojp  on  in  our  evi- 
dence. Wr  desire  tbat  Mr.  Qates  may  not  be 
interrupted* 

.  Court.  He  shall  not  be  interrupted. 
.  Ati.  Qtm*  The  Jfirst  thing  we  will  inquire, 
what  account  he  can  give  of  the  prisoner  at  tbe 
bar,  whether  he  was  any  way  privy  to  the  mur- 
der of  the  king  f 

JL  C-  /•  Afr.  Qetes,  we  leave  it  to  yourself 
to  take  your  own  way,  and  your  own  method : 
only  this  we  say,  here's  a  gentleman  stands  ait 
the  bar,  fur  his/tie ;  and  on  the  other  side,  Abe 
king  is  concerned  for  his  life :.  you  are  to  speak 
the  truth  mid  the  whoje  truth;  for  there  as  no 
reason  in  the  world  thajt  you  should  add  any 
oae  thing  that  is  false*  I  would  not  have  a  lit- 
tle added  for  tffcy  advantage,  or  consequences 
that  may  fall,  when  a  man'i Inood  and  life  Ucth 


at  stake:  let  him  be  condemned  by  troth  5  yoer 
have  taken  an  oath,  and  you  being  a  minister 
know  the  great  ragaad  you  ought  to  have  of  the 
sacrednessot  an  oath ;  and  tbat  to  take  a  man's* 
life  away  by  a  false  oath  is  murder,  I  need  00c 
teach  you  that.  But  that  Mr.  Coleman  may 
be  satisfied  in  the  trial,  and  all  •eople  else  hi 
satisfied,  there  is  nothing  required  or  expected, 
bat  downright  plain  truth,  and  without  any  arte 
either  to  conceal,  or  expatiate,  to  make  thtnge 
larger  tha»i  in  truth  they  are :  he  must  be  con- 
demned by  plain  evidence  of /act. 

OaU$.  My  Lord,  Mr.  Coleman,  in  the  month 
of  November  last,  did  eatertaio  in  his  own 
houte  John  Keins,  which  John  Keins  was  a. 
Father-Confessor  to  certain  persons  that  were 
converted,  asaoneat  which  I  was  one.  My 
Lord,  I  went  and  visited  this  John  Keins  at 
Mr.  Coleman's  bouse  then  in  6table-yard.  Mr. 
Coleman  inquiring  of  John  Keius  who  I  was  ?  He' 
said  I  was  one  that  designed  to  go  over  upon 
business  to  St.  Omen.  My  Lord,  Mr.  Coleman* 
told  me  then  he  should  trouble  me  with  a  letter 
or  two  to  St.  Omers,  bu|  he  told  me  he  would 
leave  them  with  one  Fenwick,  that  was  procu- 
rator for  the  society  of  Jesuits  in  London.  I 
went  en  Monday  morning  and  took  coach,  went 
to  Dover,  and  bad  his  packet  with  me,  which 
packet  when  I  came  to  St.  Omers  I  opened. 
The  outside  sheet  of  ibis  paper  was  a  letter  of 
news  which  was  called  Mr.  Coleman's  letter, 
and  at  tbe  bottom  of  this  letter  there  was  this 
recommendation,  Pray  recommend  me  to  my 
kinsman  Plavford.  In  this  letter  of  news  there 
were  expressions  of  the  king,  calling  him  tyrant, 
and  that  the  marriage  between  the  prince  .of 
Orange  and  the  lady  Mary  tlie  duke  of  York's 
eldest  daughter  would  prove  the  traitor's  and 
tyrant's  ruin. 

JL  C.  J.  In  what  language  was  it  written  ? 

Oate$.  In  plain  English  words  at  length. 

L.  C.  J.  Pirected  to  whom  ? 

QalCf.  It  was  directed  fc>  the  Rector  of  St.  • 
Omers,  to  give  him  intelligence  how  affairs  went 
in  England. 

L.  C.  J.  Did  yon  break  it  open  ?  > 

Oate*.  I  was  at  the  opening  of  it,  and  saw  k, 
and  read  it.  There  was  a  letter  to  Father  La 
Chaise,  which  was  superscribed  by  the  same 
hand  that  the  treasonable  letter  of  news  was 
written,  and  the  same  hand  that  the  recmnnseaoV 
ation.  to  Playrord  was  wr ittcu .  in.  When  this 
letter  was  open  there  was  .a  seal  fiat,  a  iying 
seal,  and  no  man's  name  to  it. 

JL  C.  J.  What  was  the  contents  of  that  let- 
ter  to  La  Chaise? 

Gate.  My  Lord,  to.give,you  an  account,  of 
the  import  of  this  letter,  k  was  autt  in  Latin, 
aad  in  Jt  there  were  shanks  given  to  Father  La> 
Chaise  for  the  10,000/  which  was  jpven  for  the 
propagation  of  the  Catholic  Religion,  and  that 
it  should  he  employed  for  no  other  intent  And 
purpose  hex  that  for  whichrt  jvas  sent,  now  that 
was  to  cut  off  tbe  king  of  .England ;  those  worda 
were  not  in  that  letter;-  bet.  La  Chaise  letter, 
to  which  tbis  was  tbe  answer,  I  snw  mii'd  read. 
It  was  dated  the  month  of  August,  and  as  near 


STATE  TRIALS,  30  Charles  II.  \#7$—fbr  High  Treason. 


17] 

a*  I  remember  there  was  this  instruction  in  it, 
That  the  10,000/.  should  be  employed  far  no 
other  latent  and  purpose  bat  to  cot  off  the  king 
of  England ;  I  do  not  swear  the  words,  but  that 
is  the  sense  and  substance;  I  believe  I  may 
swear  the  words. 

X.  C.  J.    To  whom  was  that  directed  ? 

Oofcs.  To  one  Strange,  that  was  then  pro- 
vincial of  the  society  in  London,  which  Mr. 
Coleman  answered. 

L.  C  J.  How  came  Mr.  Coleman  to  an- 
swer it  ? 

Oates.  Strange  having  run  a  reed  into  his 
finger,  bad  wounded  his  hand,  and  secretary 
Mico  was  ill,  so  he  got  Mr.  Coleman  to  write 
an  answer  unto  it. 

L.  C.  J.    Did  be  write  it  as  from  himself? 

Gates.    Yes,  by  order  of  the  provincial. 

L.  C.  J.  What  was  the  substance  ef  that 
answer  ? 

Oates.  That  thanks  was  giren  to  him  in  the 
name  of  the  whole  society  for  the  10,000/. 
which  was  paid  aod  received  here,  and  that 
it  should  be  employed  to  the  intent  for  which 
it  was  received.  It  was  superscribed  from 
Mr.  Coleman. 

L.  C.  J.     Was  it  subscribed  Coleman  ? 

Gate*.  It  was  not  subscribed ;  I  did  not 
see  him  write  it,  but  I  really  believe  it  was  by. 
the  tame  hand.    I   went  and  delivered  this 


[id 


I*  C.J.  1  understood  you  because  of  the 
accident  of  his  hand  he  had  employed  Mr. 
Coleman  to  write  this  for  him. 

Oates.  lie  did  write  this  letter  then,  the 
body  of  the  letter  was  written  by  Mr.  Coleman. 
I  ail  not  see  him  write  it,  but  I  shall  gi  ve'an 
account  how  I  can  prove  be  wrote  it.  I  deli- 
vered this  Letter  to  La  Chaise  his  own  band. 
When  I  opened  the  letter  he  asked  me  how 
a  gentleman  (naming  a  French  name)  did 
no. 

L.  C.  J.  When  you  carried  this  letter, 
Too  carried  it  to  La  Chaise  and  delivered  it  to 
aim :  then  he  asked  you  of  the  gentleman 
ef  the  French  name,  whom  meant  he  by  t liat 


Oates.  I  understood  it  to  be  Mr.  Cole- 
man. 

L.  C.  J.  Did  he  know  him  by  some  French 
name  ?  What  said  you  ? 

Dales.    I  could  say  little  to  this. 

L*  C.  /.  Could  you  guess  whom  he 
meant? 

Oates.  He  told  me  he  was  sometime  secre- 
tary to  the  dutchess  pf  York,  which  I  under- 
stood to  be  Mr.  Coleman.  m  I  stuck  at  it,  and 
when  he  said  he  was  sometime  secretary  to 
the  dutchess  of  York,  I  spoke  in  Latin  to  him, 
and  asked  whether  he  meant  Mr.  Coleman,  and 
his  answer  T  cannot  remember.  He  sends  an 
answer  to  this  letter.  I  brought  it  to  St.  Omers 
and  there  it  was  inclosed  in  the  letter  from  the 
society  to  Coleman ;  wherein  the  society 
expressly  told  him  this  letter  was.  delivered 
tad  acknowledged.  1  saw  the.  letter  at  St. 
Oners,   and    §**   letter  was  sent    to    him. 

tol.  yiL 


Mr.  Coleman  did  acknowledge  the  receipt  of 
this  letter  from  La  Chaise  in  the  same  hand 
with  that  of  the  newsletter,  and  so  it  was  un- 
derstood by  all.     I  saw  it. 

L.  C.  J.    How  came  you  to  see  it  ? 

Oates.  I  by  a  patent  from  them  was  of 
the  consult. 

L.  C.  J.  You  saw  the  letter  of  the  same 
hand  which  the  news  letter  was  of  with  Mr. 
Coleman's  name  subscribed  ? 

Oates.    The  contents  of  the  letter  did  own 
the  letter  from  La  Chaise  was  received  ;  this' 
letter  whs  presumed  to  be  the  hand-writing  of 
Mr.  Coleman,  aod  it  was  understood  to  be  Mr.% 
Coleman's  letter. 

L.  C.  J.  You  say  the  letter  was  thanks  for 
the  10,000/.  what  was  the  other  contents  ? 

Oates.  That  all  endeavours  should  he  used1 
to  cut  off-  the  Protestant  Religion  root  aud 
branch. 

L.  C.  J.  You  say  you  delivered  this  letter, 
from  whom  had  you  it  ? 

Oates.  From  Fen  wick,  it  was  left  m  hi* 
hand,  and  he  accompanied  me  from  Groves  to 
the  coach,  and  gave  it  to  me. 

L.  C.  J.  Did  you  bear  him  speak  to  Mr. 
Coleman  to  write  for  him? 

Oates.  Strange  told  me  he  bad  spoke  to 
him. 

L.  C.  J.  He  doth  suppose  it  was  Mr.  Cole- 
man's hand  because  it  was  just  the  same  hand 
that  the  news  letter  was.  Are  you  sure  the 
letter  was  of  his  hand  ? 

Gates.    It  was  taken  for  his  hand. 

Justice  Wild.  Had  he  such  a  kinsman 
there? 

Oates.    Yes,  he  hath  confessed  it. 

Att.  Gen.  We  desire  your  lordship  he  may 
give  an  account  of  the  consult  here  in  May 
last,  and  how  far  Mr.  Coleman  was  privy  to 
the  murdering  of  the  king. 

Oates.  In  the  month  of  April  old  style 
in  the  month  of  May  new  stile,  there  was  ' 
a  consult  held,  it  was  begun  at  the  White- 
Horse  Tavern,  it  did  not  continue  there.  Al- 
ter that  there  they  liad  consulted  to  send  one 
Father  Cary  to  be  agent  and  procurator  to 
Rome,  they  did  adjourn  themselves  to  several 
clubs  in  companies  ;  some  met  at  Wild-House, 
and  some  at  Harcourt's  lodging  in  Duke-street 
some  met  at  Ireland's  lodging  in  Russel-street ; 
and  some  in  Feu  wick's  lodging  in  Drury-Lane. 
They  were  ordered  to  meei  by  virtue  of  a  brief 
from  Rome,  sent  by  the  Father  general  of  the 
society  :  They  went  on  to  these  resolves,  that 
Pickering  and  Groves  should  go  on  and  con- 
tinue in  attempting  to  assassinate  the  king's 
person  by  shooting,  or  other  means.  Groves 
was  to  have  1,500/.  Pickering  being  a  religi- 
ous man  was  to  have  30,000  Masses,  which  at 
1  %d.  a  mass  amounted  much  w  hat  to  that  money.. 
This  resolve  of  the  Jesuits  was  communicated 
to  Mr.  Coleman  in  my  hearing  at  Wild-House. 
My  Lord,  this  was  not  only  so,  hut  in  several 
letrers  he  did  mention  it ;  and  in  one  letter  (I 
think  I  was  gone  a  few  miles  out  of  London) 
he  sent  to  me  by  a  messenger,  and  did  desire 
C 


I»J 


STATE  TRIALS,  30Cj*ar*es  II.  1678 — Triat  qf  Edward  Coleman,         [«* 


the  duke  might  be  trepanned  into  this  Plot  to 
murder  the  king. 

L.  C.  J.     IIow  did  he  desire  it  ? 
Oatet.     In  a  letter,  that  all  means  should  be 
ased  for  the  drawing  in  the  duke.    This  letter 
was  written  to  one  Ireland.    I  saw  the  Letter 
and  read  it. 

L.  C.  J.  How  do  you  know  k  was  his 
letter  ? 

Oatet.  Because  of  the  instructions,  which 
I  saw  Mr.  Coleman  take  a  copy  of  and  write, 
which  was  the  same  hand  with  the  news  Utter, 
and  what  else  I  have  mentioned,  the  subscription 
was, '  Recommend  me  to  Father  La  Chaise  ?' 
and  it  was  the  same  hand  whereof  I  now 
speak. 

L.  C.  J.  What  was  the  substance  of  the 
Letter  ? 

Oatet.  Nothing  but  compliment,  and  re- 
commendation, and  that  all  means  might  be 
used  for  the  trepanning  the  duke  of  York  (as 
near  as  I  can  remember  thnt  was  the  word). 

Just.  Wild.  You  did  say  positively  that  Mr. 
Coleman  did  consent  and  agree  to  what  was 
consulted  by  the  Jesuits,  which  was  to  kill  the 
king,  and  Jrickeung  and  Groves  were  the  two 
persons  designed  to  do  it.  Did  you  hear  him 
consent  to  it? 

Oates.     I  heard  him  say  at  'Wild-House,  he 
thought  it  was  well  contrived. 
,  Recorder.    Do  the   gentlemen  of  the  jury 
henr  what  he  saith  ? 

L.  C.  J.    Gentlemen  of  the  j  ury ,  do  you  hear 
what  he  saith  ? 
Jury*    Yes. 

Alt.  Gen.  What  do  yon  know  of  any  re- 
WUioji  to  have  been  raised  in  Ireland  ?  and 
what  was  to  be  done  with  the  duke  of  Or- 
mond? 

„  Oates.    In  the  month  of  August  tliere  was 
a  consult  with  the  Jesuits,  and  with  the  Bene- 
dictine monks  at  the  Savoy.    In  this  month  of 
August  there  was  a  letter  writ  from  archbishop 
Talbot,    the   titular    archbishop   of   Dublin ; 
wherein  he  gave  au  account  of  a  legate  from 
the  pope,  an  Italian  bishop,  (the  bishop  of  Cas- 
tay  I  think)  who  asserted  the  pope's  right  to  the 
kingdom  of  Ireland.     In   this  letter  (to  men- 
tion in  special)  there  were  four  Jesuits  bad  con- 
trived to  dispatch   the  duke  of  Ormond,  these 
were  his  words,  *  To  6nd  the  most  expedient 
way  for  his  death/  and  Fogarthy  was  to  he  sent 
to  do  it  by  poison,  if  these  four  good    Fathers 
did  not  hit  of  their  design.    Myl^rd,  Fogarthy 
was  preseut.    And    when    the    consult    was 
almost  at  a  period,  Mr.  Coleman  came  to  the 
Savoy  to  the  consult,  and  was  mighty  forward 
to  have  Father  Fogarthy  sent  to  Ireland  to  dis- 
patch the  Duke  by   poison.    This  letter  did 
specify  they  were  there  ready  to  rise  in  rebel- 
lion against  the  king  for  the  pope. 
Alt.  Gen,    Do  you  know  any  thing  of  arms  ? 
Oates.    There  were  40,000  black  bills,  I  am 
not  so  skilful  in  arms  to  know  what  they  meant 
(military  men  know  what  they  are)  that  were 
provided   to  be  sent  into  Ireland  ;  but  they 
ware  ready,  for  the  use  of  the  catholic  party. 


L.  C.  J.    Who  were  tbey  provided  by  ? 
Oates.    I  do  not  know, 
L.  C.  J.    IIow  do  you  know  they  were  pre* 
vided  ? 

Oatet.  That  letter  doth  not  mention  who 
they  were  provided  by,  but  another  letter  men- 
tioned they  were  provided  by  those  that  were 
commission  officers  for  the  aid  and  help  of  the 
pope  ;  the  popish  commissioners  tbey  were  pro* 
vided  by,  and  they  had  them  ready  in  Ire* 
laud. 

L.  C.  J.  Who  wrote  this  letter  ? 
Oatet.  It  came  from  Talbot,  I  might  forget 
the  day  of  the  month  because  my  information 
is  so  large,  but  it  was  the  former  part  of  the 
year,  I  think  either  January  or  February,  1667-8* 
last  January  or  February. 

L.  C.  J.  Was  this  consult  but  in  August 
last  ?   . 

Oatet.    I  am  forced  to  run  back  from  that 
consult  to  this  ;  Mr.  Coleman  was  privy,  and 
was  the  main  agent,  and  did  in  the  month  of 
August  last  past  say  to  Fenwick,  he  hadfooud  a 
way  to  transmit  the  200,000/.  for  the  carrying 
on  of  this  rebellion  in  Ireland. 
L.  C.J.    Did  you  bear  him  say  so  t 
Oatet.    I  did,  a  week  before. 
L.  C.  J.    You  say  be  was  very  forward  to 
send  Fogarthy  into  Ireland  to  kill  the  duke  of 
Ormond  ? 

Oatet.  Yes,  that  I  say  ;  and  that  he  bad 
found  a  way  to  transmit  200,000/.  to  carry  on 
the  rebellion  in  Ireland. 

Court.    Who  was  by  besides  Fenwick  I 
Oatet.    Myself  and  nobody  else. 
Court.    Where  was  it  said? 
OaUs.    In   Fenwick's  chamber  in  Dairy- 
lane. 

AU.  Gen.  Do  you  know  any  thing  of  trans- 
mitting the  money  to  Windsor,  or  persuading 
any  to  be  sent  thither,  and  the  time  when  ? 

Oatet.  In  the  month  of  August  there  were* 
four  ruffians  procured  by  Dr.  Fogarthy.  These 
four  were  not  nominated  in  the  consult  with 
the  Benedictine  Convent,  but,  my  Lord,  these 
four  ruffians  without  names  were  accepted  of  by 
them. 
Court.  Who  proposed  them  ? 
Oatet.  Fogarthy.  These  four  Irishmen  were 
sent  that  night  Jo  Windsor.  How  they  went  I 
know  not,  but  the  next  day  tliere  was  a  pro- 
vision of  80/.  ordered  to  them  by  the  rector  of 
London,  which  is  a  Jesuit,  one  William  Har- 
court,  in  the  name  of  the  provincial,  because 
he  acted  in  his  name  and  authority,  the  pro* 
vincial  being  then  beyond  the  seas,  visiting  hie 
colleges  in  Flanders. 

L.  C.  J.    Did  he  order  the  80/. 
Oates.    Mr.    Coleman  came  to  this  Har* 
court's  house,  then  lying  in  Duke  street,  and 
Harcourt  was  not  within ;  but  he  was  directed 
to  come  to  Wild-bouse,  and  at  Wild-house  he 
found  Harcourt. 
L.  C.  J.    How  do  you  know  that  ? 
Oates.    He  said  be  had   been  at  his  house* 
and  was  not  within  ;  finding  bun  at  Wild-bouse, 
be  asked  what  care  was  take*  for  those  tour 


*l] 


STATS  TRIALS,  30  Chaklbs  II.  1078.— ^br  HigA  TWa*m. 


Sntlemen  that  went  lost  night  to  Windsor  ? 
e  said  there  was  BO/,  ordered. 

JL  C.  J.     Who  said  so  ? 

Oales.  Harcourt.  And  there  was  the  mes- 
senger that  was  to  carry  it  J  think  the  most 
part  of  this  80/.  was  in  guineas  :  Mi*.  Coleman 
gave  the  messenger  a  guinea  to  be  nimble,  and 
to  expedite  hisjourney. 

L.  C.  J.    How  know  you  they  were  guineas ? 

Octet.  I  saw  die  money  upon  the  table  be- 
fore Harcourt,  not  in  his  hand. 

I*.  C.  J.     Were  the  four  Irishmen  there  ? 

Oates.     No,  they  were  gone  before  I  came. 

L.  C.  J.  Who  was  to  carry  it  after  them, 
what  was  his  name  f 

Onto.  I  never  saw  him  befoie  or  since. 
The  money  was  upon  the  table  when  Mr. 
Coleman  came  in,  he  gave  the  messenger  a 
guinea  to  expedite  the  business. 

Recorder.  You  say  Mr.  Coleman  enquired 
.what  care  was  taken  for  those  ruffians  that 
were  to  assassinate  the  king ;  pray,  Mr.  Oates, 
tell  my  Lord,  and  the  jury,  what  you  can  say 
concerning  Mr.  Coteman*s  discourse  with  one 
Ashby. 

Oates.  In  the  month  of  July,  one  Ash  by, 
who  was  sometime  Hector  of  St.  Omers,  being 
31  of  the  govt  was  ordered  to  go  to  the  bath  ; 
this  Ash  by  being  in  London,  Mr.  Coleman 
came  to  attend  him  ;  this  Ash  by  brought  with 
him  treasonable  instructions,  in  order  to  dis- 
patch the  king  by  poison,  provided  Pickering 
and  Groves  did  not  do  the  work:  10,000/. 
should  he  proposed  to  sir  George  Wakeman  to 
poison  the  king,  in  case  pistol  and  stab  did  not 
take  effect,  and  opportunity  was  to  be  taken 
at  the  king's  taking  physic.  T  could  give  other, 
evidence,  bnt  will  not,  because  of  other  things 
which  are  not  fit  to  be  known  yet. 

L.  C.  J.    Who  wrote  this  letter  ? 

Oates,  ft  was  under  hand  of  White  the  pro- 
vincial beyond  the  seas,  whom  Ashby  left ;  it 
was  m  the  name  of  memorials  to  impower 
Ashby  and  the  rest  of  the  consumers  at  London 
to  propound  10,000/.  to  sir  George  Wakeman 
to  take  the  opportunity  to  poison  the  king. 
These  instructions  were  seen  and  read  by  Mr. 
Coleman,  by  him  copied  out,  and  transmitted 
to  several  conspirators  of  the  king's  death,  in 
this  kingdom  of  England,  that  were  privy  to 
dm  plot. 

Recorder.  Know  vou  of  any  commission? 
We  hare  hitherto  spoken  altogether  of  the  work 
of  others ;  now  we  come  to  his  own  work  a  lit- 
tle nearer. 

L.C.  J.  Who  saw  Mr.  Coleman  read  these 
Instructions?  What  said  he? 

Oates.  He  said  he  thought  it  was  too  little,  I 

sard  him  say  so. 

JL  C  J.    Did  yoo  see  him  take  a  copy  of 

e»e  instructions  f 

Oates.  Yes,  and  he  said  he  did  believe  sir 
George  Wakeman  wonld  scarce  take  it,  and 
thought  it  necessary  the  other  5,000/.  should 
be  added  to  it,  that  they  might  be  sure  to  have 

L.C.J.    Where  was  it  he  said  this  ? 

i 


Oates.  It  was  in  the  provincial's  chamber, 
which  Ashby  had  taken  for  his  convenience  at 
London,  ontil  he  went  down  tp  the  hath  ;  it 
was  at  Wild- house,  at  Mr.  Sanderson's  house. 

L.  C  J.  Ashby  waseinpl  >yed  by  his  instruc- 
tions to  acquaint  the  consult  of  the  Jesuits,  that 
there  should  be  10,000/.  advanced,  if  Dr. 
Wakeman  would  poison  the  king,  now  Ashby 
comes  and  acquaints  him  with  it.  Why  should 
Coleman  take  copies  ? 

Oates.  Because  he  was  to  send  copies  to 
several  conspirators  in  the  kingdom  of  England. 

L.  C.  J.  To  what  purpose  should  Mr.  Cole- 
man take  a  copy  of  U>ese  instructions  ? 

Oates.  *The  reason  is  plain ;  they  were  then 
a  gathering  a  contribution  about  the  kingdom, 
and  these  instructions  were  sent  that  they  might 
he  encouraged,  because  they  saw  there  was  en- 
couragement from  beyond  seas  to  assist  them. 
And  another  reason  was,  because  now  they 
were  assured  ^>y  this,  their  business  would 
quickly  he  dispatched,  and  by  this  means  soma 
thousands  of  pounds  were  gathered  in  the  king- 
dom of  England. 

L.  C.  J.  To  whom  was  Mr.  Coleman  to  send 
them? 

Oates.  I  know  not  of  any  persons,  but  Mr. 
Coleman  did  say  he  had  sent  his  suffrages 
(which  was  a  canting  word  for  instructions)  to 
the  principal  gentry  of  the  catholics  of  the 
kingdom  of  England. 

JL.  C.  J.  How  know  you  this,  that  Mr.  Cola- 
man  did  take  a  copy  of  these  instructions  for 
that  purpose,  as  you  say? 

Oates.    Because  he  said  so. 

L.  C.  J.  Did  any  body  ask  him  why  he  took 
them? 

Oates.  Saith  A$hby,  You  bad  best  make  haste 
and  communicate  these  things.  Mr.  Coleman 
answered,  I  will  make  haste  with  my  copies, 
that  I  may  dispatch  them  away  this  night. 

Recorder.  Was  he  not  to  he  one  of  the  prin* 
cipal  secretaries  of  state  ? 

Oates.  In  the  month  of  May  last  New'Stile, 
April  Old  Stile,  I  think  within  a  day  after  our 
consult,  I  was  at  Mr.  Langhorn's  chamber,  be 
had  several  commissions,  which  he  called  pa- 
tents :  Among  his  commissions,  I  saw  one  from 
the  general  of  the  society  of  Jesus  Joannes 
Paulus  D'Oliva,  by  virtue  of  a  brief  from  the 
pope,  by  whom  he  was  enabled. 

L.  €.  J,    Did  you  know  his  hand  ? 

Oates.  I  believe  I  have  seen  it  forty  times,  I 
have  seen  forty  tilings  under  his  hand,  and  this 
agreed  with  them, hut  I  never  did  see  him  write 
in  my  life ;  we  all  took  it  to  be  his  hand  and 
we  ail  knew  the  hand  and  seal. 

L.  C.  J.  What  inscription  was  upon  the 
seal  ? 

Oates.  I.H.S.  with  a  cross,  in  English  it 
had  the  characters  of  I.  H.  S.  This  com- 
mission to  Mr.  Coleman  in  the  month  of  July, 
I  saw  in  Fen  wick's  presence,  and  at  his  cham- 
ber in  Drury-lane,  where  then  Mr.  Coleman 
did  acknowledge  the  receipt  of  this  patent, 
opened  it,  and  said;  It  was  a  very  good  ax- 
change. 


33]  STATE  TRIALS,  30  Chaules  II.  lG7B^rfrial  qfEdvard  Coleman,  [24 


X.  C*  J.    What  was  the  ooinmission  for  ? 

Oates.  It  war  to  be  secretary  of  state.  I 
saw  the  commission,  and  heard  him  own  the 
receipt  of  it. 

Justice  Wild.  What  other  commissions  were 
there  at  Mr.  Langhorn's  chamber  ? 

Oates.  A  great  many,  I  cannot  remember, 
there  wns  a  commission  for  my  lord  Arundel  of 
Warder,  the  lord  Powis,  and  several  other  per- 
sons. But  this  belongs  not  to  the  prisoner 
at  the  bar :  I  mention  bis  commission. 

X.  C  J.  Were  you  acquainted  with  Mr. 
Langhorn? 

Oalet.  Yes,  I  will  tell  yonr  lordship  how  I 
was  acquainted.  I  was  in  Spain,  he  had  there 
two  sons;  to  shew  them  special  favour  and 
kindness  (being  mere  straugers  at  the  College)  I 
did  use  to  transmit  some  letters  for  them  to  the 
kingdom  of  England  in  my  pnequet.  When  1 
came  out  of  Spain,  I  did  receive  recommenda- 
tions from  them  to  their  father,  and  in  great 
^civility  he  received  me.  This  was  in  Novem- 
ber that  I  came  to  his  house.  He  lived  in  Shear- 
Jane,  or  thereabouts.  I  understood  that  his 
wife  was  a  zealous  protectant;  therefore  he  de- 
tired  me  not  to  come  any  more  to  his  bouse, 
hut  for  the  futuie  to  come  to  his  chamber  in 
the  Temple. 

X.  C.  J.  Had  you  ever  seen  Mr.  Langhorn  in 
London  before  ? 

Oates.  I  never  saw  him  till  Nov.  1677  to  my 
knowledge.  I  was  several  times  in  bis  com- 
pany at  his  chamber,  and  be  brought  me  there  to 
shew  me  some  kindness  upon  the  account  of 
his  sons.  It  was  at  the  Temple)  for  his  wife 
being  a  protestant,  was  not  willing  any  Jesuits 
should  come  to  the  house.  I  was  to  carry  him 
a  summary  of  all  the  results  and  particulars  of 
the  consult  at  the  White-horse  and  Wild-bouse. 
The  provincial  ordered  me  to  do  it,  he  know- 
ing me,  being  in  that  affair  often  employed. 

a  X/  C.  J.     Was  it  the  second  time  you  saw 
him,  that  you  saw  the  commissions  ? 

Gates.  I  saw  him  several  times  in  the  month 
of  November. 

X.  C.  J.  When  did  you  see  the  commissions? 

Oates.  In  the  month  of  April,  Old  Stile ; 
May,  New  Stile. 

X.  C.  J.  How  came  he  to  shew  you  the 
commissions? 

Oates.  I  I  tearing  of  their  being  come,  had  a 
curiosity  to  see  them,  and  be  knew  me  to  be 
privy  to  the  concerns. 

X.  C.  J.  How  did  you  know  he  had  the 
commissions?— Oates.  By  letters. 

X.  C.  /.    From  whom  ? 

Oates.  From  those  of  the  society  at  Rome, 
wherein  one  Harcourt,  one  of  the  fathers,  was 
certified,  that  the  commissions  were  come  to 
Langhorn,  and  were  in  his  hand ;  I  saw  the 
letters  at  St  Oners,  before  they  came  to  Har- 
court, we  read  the  letters  there  before  they 
came  to  England.    I  had  power  to  open  them. 

X.  C.  J.     Did  you  open  the  letters  ? 

Oates.    Yes. 

L.C.J,  When  saw  yoo  the  letters  at  St. 
Omen? 


Oates.  I  saw  the  letters  at  St.  Omers  in  the 
month  of  January ;  then  they  came  from  Rome, 
and  after  I  received  summons  to  be  at  this  con- 
sult in  the  mouth  of  April;  and  accordingly  we? 
came  over. 

X.  C.  J.    What  time  did  you  come  over  ? 

Oatei.    In  the  month  of  April. 

X.  C.  J.  What  time  went  you  to  Langhorn's 
chamber?  I  cannot  reconcile  the  months  toge- 
ther. 

Jutt.  Dolben.  Did  you  not  say  you  came  to 
Langhorn  in  November  ? 

Oates.    Yes,  before  I  went  to  St.  Omers. 

Just.  Wild.  How  many  came  over  with  you? 

Oates.  I  cannot  tell  how  many  came  over 
together;  there  wete  nine  of  us,  all  Jesuits. 

X.  C.  J.  Did  not  you  say  you  went  to  Lang- 
horn in  November? 

Oates.    That  was  before  I  went  to  St.  Omers. 

Att.  Gen.  Tell  bow  many  priests  or  Jesuits 
were  lately  in  England,  that  you  know  afx  at 
one  time  ? 

Oates.  There  was,  and  have  been  to  my 
knowledge  in  the  kingdom  of  England,  secular 
priests  eightscore,  and  Jesuits  fourscore,  and  by 
name  in  the  catalogue,  I  think  300  and  odd. 

X.  C.  J,  How  long  had  you  been  in  Eng- 
land before  you  were  at  Mr.  Langhorn's  cham- 
ber? 

Oates.  Not  long ;  because  I  had  letters  in 
my  packet  from  his  sons,  as  soon  as  1  had  rested 
a  little,  I  went  to  him. 

L.  C.  J.  What  said  Mr.  Langhorn  to  you 
about  the  commissions  in  bis  chamber  ? 

Oates.    Not  a  word;  but  seemed  glad. 

X.  C  J.  Did  you  see  them  open  upon  his 
table?  or  did  yoo  ask  to  see  them? 

Oates.  They  did  not  lie  open  upon  the  ta- 
ble, but  the  commissions  were  before  him ;  I 
asked  to  see  them.  Mr.  Langhorn  (said  1)  I 
hear  you  have  received  the  commissions  from 
Home ;  he  said,  he  bad.  Shall  I  have  the  ho- 
nour to  see  some  of  them  ?  He  said  I  might : 
he  thought  he  might  trust  me;  and  so  he  might, 
because  that  very  day  I  gave  him  an  account 
of  the  consult. 

X.  C.  J.  When  was  it  you  gave  him  an  ac- 
count of  the  consult? 

Oates.    In  the  morning. 

X.  C.  J.  You  say  you  were  twice  there  that 
day. — Oates.  I  was  there  the  whole  forenoon. 

X.  C.  J.  That  day  you  saw  the  commissions? 

Oates.  I  had  been  there  several  times  the 
same  day,  and  meeting  him  at  last,  be  asked 
me  how  often  I  was  there  before,  I  said  twice 
or  thrice;  but  that  day  was  the  last  time  I  ever 
saw  him ;  I  bave  not  seen  him  since,  to  my 
knowledge. 

X.  C.  J.  Was  that  the  first  time  that  you 
saw  him  after  you  came  from  Spain? 

Oates.  I  saw  bim  thrice  in  November,  then 
I  went  to  St.  Omers,  the  first  time  I  saw  him 
after  I  came  from  thence,  I  saw  the  commis- 
sions. 

Att.  Gen.  What  were  the  names  of  ihose 
men  that  came  over  from  St.  Omers  besides 
yourself? 


w\ 


STATE  TRIALS,  50  Cham.es  II.  1678.— /or  High  Treason. 


[26 


Ofcto.  Am  near  as  I  can  remember,  the  rec- 
tor of  Liege  was  one;  Father  Warren ;  sirTho- 
nnPwsum  ;  the  rector  of  Walton ;  one  Fran- 
cs Williams;  air  John  Warner,  bart.;  one  Fa- 
ther Charges ;  one  Pool,  a  monk ;  I  think  I 
made  the  ninth. 

Alt.  Gea.  If  the  prisoner  at  tbe  bar  be 
aiadsd,  be  may  ask  him  any  question. 

Pris.  I  am  mighty  glad  to  see  that  gentle- 
wan  sir  Thomas  Dolman  in  the  Court,  for  I 
think  he  was  upon  my  Examination  before  tbe 
council,  and  this  man  that  gives  now  in  evidence 
against  me,  there  told  the  king,  he  never  saw 
me  before  ;  and  he  is  extremely  well  acquainted 
»iih  me  now,  and  hath  a  world  of  intimacy. 
Mr.  Oates  at  that  time  gave  such  an  account  of 
ray  concern  in  this  matter,  that  I  had  orders  to 
go  to  Newgate,  I  never  saw  Mr.  Oates  since  I 
was  born,  but  at  that  time. 

L-  C.  J.  You  shall  have  as  fair  a  search  and 
examination  in  this  matter  for  your  life  as  can 
be,  therefore,  Mr.  Oates,  answer  to  what  Mr. 
Coleman  saith. 

Oaf  ex.  My  lord,  when  Mr.  Coleman  was 
upon  bis  examination  before  the  council  board, 
he  saith,  I  said  there  that  I  never  saw  him  be- 
fore in  my  life,  I  then  said  I  would  not  swear 
mat  I  had  seen  him  before  in  my  life,  because 
my  sight  was  bad  by  candle-light,  and  candle- 
light alters  the  sight  much,  but  when  1  heard 
bun  speak  I  could  have  sworn  it  was  he,  but 
it  was  not  then  my  business.  I  cannot  see  a 
great  way  bycaodle- light. 

L.  C.  J.  The  stress  of  the  objection  lieth  not 
opon  seeing  so  mud),  but  how  come  you  that 
yon  laid  no  more  to  Mr.  Coleman's  charge  at 
that  time? 

Oates,    I  did  design  to  lay  no  more  to  his 
charge  then,  than  was  matter  for  information. 
Por  prisoners  may  supplant  evidence  when  they 
know  it,  and  bring  persons  to  such  circum- 
stances, as  time  and  place.     My  lord,  I  was 
not  bound  to  give  in  more  than  a  general  infor- 
mation against  Mr.  Coleman ;  Mr.  Coleman 
aid  deny  he  had  correspondence  with  Father 
La  Chaise  at  any  time,  I  did  then  say  he  had 
given  him  an  account  of  several  transactions. 
And  (my  Lord)  then  was  I  so  weak,  being  up 
two   nights,  and  having  been  taking  prisoners, 
opon  my  salvation,  I  could  scarce  stand  upon 
jny  legs." 

L.  C.  J.  What  was  the  information  you  gave  at 
that  time  to  the  council  against  Mr.  Coleman? 
Oates.  The  information  I  gave  at  that  time 
(as  near  as  I  can  remember,  but  I  would  not 
trust  to  my  memory)  was  for  writing  of  news- 
letters, in  which  I  did  then  excuse  tbe  treasona- 
ble reflections,  and  called  them1  base  reflections 
at  the  Coondf-Board ;  the  king  was  sensible, 
aud  so  was  tbe  council.  I  was  so  wearied  and 
tired  (being  all  that  afternoon  before  tbe  coun- 
cil, and  Sunday  night,  and  sitting  up  nigbt  after 
night)  that  the  king  was  willing  to  discharge  me. 
But  if  I  had  been  urged  J  should  have  made  a 
larger  information. 

Z.  C.  J.  The  thing  you  accused  him  of  was 
ton  own  letter, 


Pris.  'He  doth  not  believe  it  was  ray  letter. 

L.  C.  J.  Von  here  charge  Mr.  Coleman  to 
be  the  man  that  gave  a  guinea  to  expedite  the 
business  at  Windsor,  6cc.  At  the  time  when 
you  were  examined  at  the  council- table,  you 
gave  a  particular  account  of  attempting  to  take 
away  the  kind's  life  at  Windsor,  and  raising 
80,000/.  and  ail  those  great  transactions;  why 
did  you  not  charge  Mr.  Coleman  to  be  the  man 
that  gave  the  guinea  to  tbe  messenger  to  expe- 
dite the  business,  when  the  80/.  was  sent  ?  That 
he  found  out  a  way  of  transmitting  800,000/., 
to  carry  on  the  design  ?  He  consulted  the  kill- 
ing the  king,  and  appro? ed  of-  it  very  well. 
And  of  the  instructions  for  10,000/.,  be  said  it 
was  too  little  for  to  poison  the  kiog.  When 
you  were  to  give  an  account  to  the  council  of 
the  particular  contrivance  of  the  murder  of  the 
king  at  Windsor,  with  a  reward,  you  did  men- 
tion one  reward  of  10,000/.  to  Dr.  Wakemari, 
and  would  you  omit  the  guinea  to  expedite  tbe 
messenger,  and  that  he  said  that  10,000/.  was 
too  little;  would  you  omit  all  this? 

Oates.  I  being  so  tired  nnd  weak  that  I  was 
not  able  to  stand  upon  my  legs,  and  I  remem- 
ber tbe  council  apprehended  me  to  be  so  weak 
that  one  of  the  lords  of  the  council  said,  that  if 
there  were  any  occasion  further  to  examine  Mr. 
Coleman,  that  Mr.  Oates  should  be  ready 
again,  and  bid  me  retire. 

L.  C.  J.  You  was  by  when  the  council  were 
ready  to  let  Mr.  Coleman  go  almost  at  large? 

Oates.  No  ;  I  never  apprehended  that,  for  if 
I  did,  I  should  have  given  a  further  account. 

L.  C.  J.  What  was  done  to  Mr.  Coleman 
at  that  time  ?  Was  be  sent  away  prisoner  ? 

Oates.  Yes,  at  that  time  to  the  messenger's  • 
house,  and  within  two  days  after  be  was  sent  to 
Newgate,  nnd  his  papers  were  seized. 

L.  C.  J.  Why  did  you  not  name  Coleman 
at  that  time  ? 

Oates.  Because  I  had  spent  a  great  deal  of 
time  in  accusing  other  Jesuits. 

Just.  Wild.  What  time  was  there  betwixt  the 
first  time  you  were  at  the  -council,  before  you 
told  of  this  matter  concerning  tbe  king  ? 

Oates.  When  I  was  first  at  the  board  (which 
was  on  Saturday  night)  I  made  information, 
which  began  between  6  and  7,  and  lasted  al- 
most to  10.  I  did  then  give  a  general  account 
of  the  affairs  to  the  council  without  the  king. 
Then  I  went  and  took  prisoners,  and  before 
Sunday  night,  I  said,  I  thought  if  Mr.  Cole- 
man's Papers  were  searched  into,  they  would 
find  matter  enough  against  him  in  those  papers 
to  hang  him :  I  spake  those  words,  or  words  to 
the  like  purpose.  After  that  Mr.  Coleman's 
Papers  were  searched,  Mr.  Coleman  was  not 
to  be  found ;  but  he  surrendered  himself  the 
next  day.  So  that  on  Sunday  I  was  com- 
manded to  give  his  majesty  a  general  informa- 
tion, as  I  had  given  to  the  council  on  Saturday ; 
and  the  next  day  again,  I  took  prisoners  that 
night  5,  and  next  night  4. 

Just.  Wild.  How  long  was  it  betwixt  the 
time  that  you  were  examined,  and  spoke  only 
as  to  the  letteis,  to  that1  time  you  told  to  th« 


*7J 


STATE  TRIALS,  SO  Charles  U.  1678 — Ttid  o/  Edward  Cdeman, 


[28 


Icing  nnd  council,  or  both  of  them,  concerning 
this  matter  you  swear  now  ? 

Oates.  My  Lord,  1  never  told  it  to  the  king 
and  council,  but  I  told  it  to  the  houses  of  par- 
liament. 

X.  C.  J.  How  long  was  it  between  the  one 
«nd  the  other? 

Oatet.  I  cannot  tell  exactly  the  time;  k  was 
when  the  parliament  first  sat. 

X.  C.  /.  How  came,  you  (Mr.  Coleman  being 
so  desperate  a  man  as  he  was,  endeavouring 
the  killing  of  the  king)  to  omit  your  informa- 
tion of  it  to  the  council  and  to  the  king  at  both 
times? 

Oates.  I  spoke  little  of  the  persons  till  the 
persons  came  face  to  race. 

X.  C.  X  Why  did  you  not  accuse  all  those 
Jesuits  by  name? 

Gates.  We  took  a  catalogue  of  their  names, 
but  those  I  did  accuse  positively  and  expressly 
we  took  up. 

L.  C.J.  Did  you  not  accuse  sir  George 
Wakeraan  by  name,  and  that  he  accepted  his 
reward  ? 

Oatet,  Yes,  then  I  did  accuse  him  by  name. 

X.  C.  X  Why  did  you  not  accuse  Mr.  Cole- 
man by  name  ? 

-  Otitis.  For  want  of  memory ;  being  disturb- 
ed and  wearied  in  sitting  up  two  nights,  I  could 
not  give  that  good  account  of  Mr.  Coleman, 
which  I  did  afterwards,  when  I  consulted  my 
Papers;  and  when  I  saw  Mr.  Coleman  was* 
secured,  I  had  no  need  to  give  a  farther  ac- 
count. 

X.  C.  J.  How  long  was  it  between  the  first 
charging  Mr.  Coleman,  and  your  acquainting 
the  parliament  with  it  ? 

Oates.  From  Monday  the  SOth  of  Septem- 
ber, until  the  parliament  sat. 

X.  C.  X  Mr.  Coleman,  will  yon  ask  him  any 
thing? 

Pris.  Pray  ask  Mr.  Oates,  whether  he  *as 
not  as  near  to  me  as  this  gentleman  is,  because 
vie  spetiks  of  his  eyes  being  bad? 

Oates.  I  had  tho  disadvantage  of  a  candle 
upon  my  eyes;  Mr.  Coleman  stood  more  in 
the  dark. 

Pris.  He  names  several  times  that  he  met 
with  me ;  in  this  place  and  that  place,  a  third 
*nd  fourth  place  about  business. 

Oates,  He  was  altered  much  by  his  periwig 
«n  several  meetings,  and  had  several  periwigs, 
•and  n  periwig  doth  disguise  a  man  very  much ; 
tat  when  I  heard  him  speak,  then  I  knew  him 
to  be  Mr.  Coleman. 

X.  C.  X  Did  you  hear  him  speak  ?  How 
were  the  questions  asked?  Were  they  thus? 
Was  that  the  person  ?  Or,  how  often  had  you 
•een  Mr.  Coleman  ? 

Oatm.  Whan  the  question  was  asked  by  my 
lord  chancellor,  Mr.  Coleman,  when  where  you 
last  in  France?  He  said,  At  such  a  time.  Did 
yott  tee  father  La  Chaise?  He  said  he  gave  him 
an  accidental  visit.  My  lord  chancellor  asked 
trim  whether  or  no  be  had  a  pass  ?  He  said, 
No.  Then  be  told  him,  that  was  a  fauh  for 
going  ovttfthekiojptaa  without  epm.   Have 


you  a  kinsman  whose  name  is  Playford,  at  St. 
Orners?  He  said  he  had  one  teo  years  old, 
(who  is  in  truth  sixteen)  Thai  question  I  desired 
might  be  asked.    Then  the  king  hade  me  go  on. 

X.  C.  X  Did  Hie  king,  or  council,  or  lord 
chancellor  ask  you  whether  you  knew  Mr. 
Coleman,  or  no? 

Oates*    They  did  not  ask  me. 

X.  C.  J.  Mr.  Oates,  Answer  the  question 
in  short  and  without  confounding  it  with  length. 
Were  you  demanded  if  you  knew  Mr.  Coleman  ? 

Oates.    Not  to  my  knowledge. 

X.  C.  X  Did  you  ever  see  him,  or  how  often  ? 

Pris.    He  said,  he  did  not  know  me. 

X.  C.  X"  You  seemed,  when  I  asked  you 
before,  to  admit,  as  if  you  had  been  asked  this 
question,  how  often  you  had  seen  him,  und  gave 
me  no  answer,  because  you  were  doubtful 
whether  it  was  the  man,  by  reason  of  the  in- 
convenience  of  the  light,  and  your  bad  sight. 

Oates.  I  must  leave  it  to  the  king  what  an- 
swer I  made  Mr.  Coleman;  he  wonders  I 
should  give  an  account  of  so  many  intimacies, 
when  I  said  1  did  not  know  him  at  the  council- 
table. 

Pris.  It  is  very  strange  Mr.  Oates  should 
swear  now,  that  he  was  so  well  acquainted  with 
me,  and  had  been  so  often  in  my  company, 
when  upon  his  accusation  at  the  council-table, 
he  said  nothing  of  me  more  than  the  sending  of 
one  letter,  which  he  thought  was  my  hand. 

Oates.    I  did  not  say  that. 

Pris.  And  he  did  seem  to  saynhere,  he 
never  saw  me  before  in  his  life. 

X.  C.  X  Was  he  asked  whether  be  was  ac- 
quainted with  you  ?  (for  those  words  are  to  the 
same  purpose.) 

Pris.  I  cannot  answer  directly,  I  do  not 
say  lie  was  asked,  if  he  was  acquainted  with 
me,  but  I  say  this,  that  he  did  declare  he  did 
not  know  me! 

X.  C.  J.    Can  you  prove  that? 

Pris.  I  appeal  to  sir  Tho.  Dolman,  who  is 
now  in  Court,  and  was  then  present  at  the 
Council- table. 

X.  C.  J.  Sir  Thomas,  yon  are  not  upon 
your  oath,  but  are  to  speak  on  the  behalf  of 
the  prisoner :  What  did  he  say  ? 

Sir  Tho.  Dolman.  That  he  did  not  well 
know  him. 

X.  C.  X  Did  he  add,  that  he  did  not  well 
know  hhn  by  the  candle-light  ?  But  Mr.  Oates, 
when  you  heard  hit  voice,  you  said  yon  knew 
him ;  why  did  you  not  come  then,  and  say  you 
did  well  know  him  ? 

Oates.    Because  I  was  not  asked. 

X.  C.J.,,  But,  sir  Thomas,  did  he  say  he  did 
not  well  know  him  after  Mr.  Coleman  spake? 
Was  Mr.  Coleman  examined  before  Mr.  Oates 
spake?— Sir  T.  Dolman.    Yes. 

X.  C.  X  Mr.  Oates,  you  say  yon  were  with 
him  at  the*  Savoy  and  Wild  House,  pray,  sir 
Thomas,  did  he  say  he  did  not  know  hm%  or 
had  seen  Mr,  Coleman  there  ? 

Sir  T.  Dolman.  He  did  not  know  him  at 
he  stood  there. 

X.  C.  X  '  Knowing,  or  not  knowing,  is  not 


*] 


STATE  TRIALS,  SO  Charles  II  1073.— Jot  High  Treason. 


[*> 


tW  present  question ;  but  did  he  make  an  an- 
swer to  the  knowing  or  not  knowing  him  ? 

Just.  Doffrtn.  Did  he  say  he  did  not  well 
know  Mr.  Coleman,  or  that  he  did  not  well 
know  that  man  ? 

Sir  T.  Dolman.  He  said  he  bad  no  ac- 
quaintance with  that  nao  (to  the- best  of  my 
remembrance). 

L,  C.  J.  Sir  Robert  Southwell,  you  were 
present  at  Mr.  Oates  bis  examination  before 
the  Council ;  in  what  manner  did  he  accuse 
Mr. Coleman  then? 

Sir  R.  Southwell.  The  question  is  so  parti- 
cular, I  cannot  give  the  Court  satisfaction ;  but 
other  material  things  then  said  are  now  omitted 
bj  Mr.  Oates ;  for  he  did  declare  against  sir 
Geonse  Wakeman,  that  5,000/.  was  added,  in 
all  15,000/1,  and  that  Mr.  Coleman  paid  five 
of  the  fifteen  to  sir  George  in  hand. 

L.  C.  J.  This  answers  much  of  the  objection 
■poo  him.  The  Court  has  asked  Mr.  Oates 
bow  be  should  come  now  to  charge  you  with 
all  these  matters  of  poisoning  and  killing  the 
kiag,  and  yet  he  mentioned  yon  so  slightly  at 
the  Council- tabic ;  but  it  is  said  by  sir  Robert 
Southwell  he  did  charge  you  with  5,000/.  (for 
poisoning  the  king)  to  be  added  to  the  10,000/., 
and  be  charged  you  expressly  with  it  at  the 
Council-  table. 

Pris.  The  charge  was  so  slight  against  me 
by  Mr.  Oates,  that  the  council  were  not  of  his 
opinion :  For  the  first  order  was  to  go  to  New- 
gate, and  sir  R.  Southwell  came  with  directions 
to  the  messenger  not  to  execute  the  order.  I 
humbly  ask  whether  it  was  a  reasonable  thing 
to  conceive  that  the  council  should  extenuate 
the  punishment,  if  Mr.  Oates  came  with  such 
an  amazing  account  to  the  council. 

Sir  Jfc.  South.  Mr.  Oates  gave  so  large  and 
general  an  information  to  the  council,  that  it 
could  not  easily  be  fixed.  Mr.  Coleman  came 
voluntarily  in  upon  Monday  morning.  The 
warrant  was  sent  out  on  Sunday  night  for  Mr. 
Coleman  and  his  papers;  His  papers  were 
found  and  seized,  but  Mr.  Coleman  was  not 
found  at  that  time  nor  all  night,  but  came  on 
Monday  morning  voluntarily,  and  offered  him- 
self at  sir  Joseph  Williamson's  bouse,  hearing 
there  was  a  warrant  against  him ;  By  reason 
of  so  many  prisoners  that  were  then  under 
examination,  he  was  not  heard  till  the  after- 
noon, and  then  he  did  with  great  indignation 
and  contempt  hear  these  vile  things,  at  thinking 
himself  innocent. 

Pris.  U I  thought  myself  guilty,  I  should 
have  charged  myself:  I  hope  his  majesty,  upon 
what  hath  been  said,  will  be  so  far  satisfied  as 
to  discharge  me. 

Sir  R.  South.  Mr.  Coleman  then  made  so 
good  a  discourse  for  himself,  that  though  the 
lords  bad  filled  up  a  blank  warrant  to  send  him 
to  Newgate,  that  was  respited,  and  he  was 
only  committed  to  a  messenger.  I  did  say  to 
the  messenger,  Be  very  eivil  to  Mr.  Coleman, 
for  things  are  under  examination,  but  you  must 
leep  barn  safety.  Seith  the  messenger,  Pray 
let  me  have  a  special  warrant,  that  deth  dis- 


pense «ith  the  warrant  J  had  to  carry  him  to 
Newgate,  and  such  a  warrant  be  had.  The 
king  went  away  on  Tuesday  morning  to  New- 
market, and  appointed  a  particular  committee 
to  examine  the  papers  brought  of  Mr.  Coleman 
and  others.  His  papers  were  found  in  a  deal 
box,  and  several  of  these  papers  and  declara- 
tions souuded  so  strange  to  the  lords,  that  they 
v\f  re  amased;  and  presently  they  signed  a  war- 
rant for  Mr.  Coleman's  going  to  Newgate. 

L.  C.  J.  Did  Mr.  Oates  give  a  roaad  charge 
against  Mr.  Coleman?      % 

Sir  R.  South.  He  had  a  great  deal  to  do, 
he  was  to  repeat  in  the  afternoon  on  Sunday 
when  the  king  was  present,  all  he  had  said  to 
the  lords  on  Saturday.  He  did  say  of  Mr. 
Coleman,  that  he  had  corresponded  very  wick- 
edly and  basely  with  the  French  king's  Coufessorf 
and  did  believe  if  Mr.  Coleman's  papers  were 
searched,  there  would  be  found  in  them  that 
which  would  cost  him  his  neck.  And  did  de- 
clare that  the  15,000/.  was  accepted  for  the 
murder  of  the  king,  and  that. 5,000/.  was  actu- 
ally paid  by  Mr.  Coleman  to  sir  George  Wake* 
man.  But  Mr.  Oates  at  the  same  time  did 
also  declare  that  he  did  not  aee  the  money 
paid,  he  did  not  see  this  particular  action  of  sir 
George  Wakemaa,  because  at  that  time  he  had 
the  stone,  and  could  not  be  present. 

Oates.  I  was  not  present  at  that  consult 
where  tlie  15,000/.  was  accepted,  but  I  had  an 
account  of  it  from  those  that  were  present; 

L.  C.  J.  It  appears  plainly  by  this  testi- 
mony, that  he  did  charge  you  Mr.  Coleman 
home,  that  15,000/.  was  to  be  paid  for  poison- 
iug  the  king ;  and  that  it  was  generally  said 
among  them  (though  he  did  not  see  it  paid) 
that  it  came  by  your  hands,  viz.  5,000/.  of  it ; 
which  answers  your  objection  as  if  he  had  not 
charged  you,  when  you  see  he  did  charge  yon 
home  then  for  being  one  of  the  conspirators,  in 
having  a  hand  in  paying  of  money  for  poisoning 
the  king:  he  charges  you  now  no  otherwise 
than  in  that  manner  :  he  doth  not  charge  you 
now  as  if  there  were  new  things  started,  but 
with  the  very  conspiracy  of  having  a  hand  in 
paying  the  money  for  murdering  the  king. 
What  consultation  was. that  vou  had  at  the 
Savoy,  in  the  month  of  August? 

Oale*.  It  was  about  the  business  of  the  four 
Irish  ruffians  proposed  to  the  consult. 
The  End  of  Mr.  Oates's  Examination. 

Mr.  Bedlotfs*  Examination. 

Sir  Francis  Winningioii,  (Sol.  Gen.)  We 
will  call  him  to  give  an  account  what  he  knows 
of  the  prisoner's  being  privy  to  the  conspiracy 
of  murdering  the  king  (particularly  to  that). 
Mr.  Bedlow,  pray  acquaint  my  lord  and  the 
jury  what  you  know,  I  desire  to  know  parti* 
cularly  as  it  concerns  Mr.  Coleman,  and  no- 
thing but  Mr.  Coleman. 


»«      II.IU 


*  See  the  Examinations  of  this  witaees  taken 
before  a  Committee  of  the  House  of  Lords,  and 
in  his  last  sickness  before  Chief  Justice  North, 
vol  6,  p.  1403. 


Si]  STATE  TRIALS,  30  Charles  II.  1678.— Trial  of Edward  Coleman,  [J» 


L.  C.  J.  Mr.  Attorney,  pray  keep  to  that 
question  close. 

Att.  Gen.  I  have  two  short  questions  to  ask 
bim :  the  first  is,  what  he  bath  beeo  or  heard 
touching  any  commission,  to  Mr.  Coleman, 
what  sav  you  ? 

Mr.  ikdlow.  In  particular  I  know  not  of 
any  commission  directed  to  Mr.  Coleman,  I 
do  not  know  any  thing  of  it  but  what  sir  Henry 
Tichbourn  told  mc,  that  Ire  had  a  commission, 
and  he  brought*  commission  for  Mr.  Coleman 
and  the  rest  of  the  lords,  from  the  principal 
Jesuits  at  Rome,  by  order  of  the  pope. 

Att:  Gen.  A  commission  for  what  ? 

Bcdlow.  To  be  principal  secretary  of  state  : 
the  title  of  it  I  do  not  know  because  I  did  not 
see  it,  but  to  be  principal  secretary  of  state, 
that  was  the  effect. 

Att.  Gen.  I  desire  to  know  what  discourse 
you  had  with  Mr.  Coleman  about  that  design. 
•  Bedlam.  If  your  lordship  please,  I  shall  be 
short  in  the  narrative. 

L.  C.  J.  Make  use  of  your  notes  to  help 
your  memory,  but  let  not  your  testimony  be 
leerely  to  read  them. 

Bedlom.  I  carried  over  to  M.  La  Chaise  (the 
French  king's  confessor)  a  large  pacquet  of 
letters,  April  1675,  from  Mr.  Coleman,  which 
letters  I  saw  Mr.  Coleman  deliver  to  Father 
liarcourt,  at  his  house  in  Duke-Street. 

Council.    And  Harcourt  gave  them  to  you  ? 

Bed  tow.  Yes ;  which  letters  were  directed  to 
be  delivered  to  M.  La  Chaise,  and  I  did  carry 
them  to  La  Chaise,  and  brought  him  an  answer 
from  La  Chnise,  and  other  English  monks  at  ■ 
Paris :  I  did  ,uot  understand  what  was  in  it, 
because  it  was  a  language  1  do  not  well  under- 
stand ;  it  was  about  carrying  on  the  Plot ;  at 
a  consultation  there  were  present  two  French 
abbots  and  several  English  monks  at  Paris ; 
what  I  heard  them  say,  was  about  carrying  on 
the  Plot  to  subvert  the  government  of  England, 
to  destroy  the  king  aud  the  lords  of  the  coun- 
cil. The  king  was  principally  to  be  destroyed, 
aud.the  government  subverted  as  well  as  the 
Protestant  religion. 

Court.  When  was  this  ?  when  you  were  to 
receive  the  answer? 

Bedlom.  It  was  upon  the  consultation :  there 
was  a  pacquet  of  Jetters  from  Mr.  Coleman, 
they  did  not  know  I  understood  French,  or  if 
they  did,  they  had  tried  me  so  long  I  believe 
they  would  have  trusted  me. 

L.  C.  J.  The  letter  that  La  Chaise  wrote,  to 
whom  was  it  directed  ?  * 

"Bedlam.  It  was  directed  to  Mr.  Coleman, 
the  pacquet  was  directed  to  Harcourt,  and 
within  that  La  Chaise  wrote  an  answer  and 
directed  it  to  Mr.  Coleman,  particularly  to 
Mr.  Coleman. 

L.  C.  J.  How  do  you  know? 

Bedltm.  The  Superscription  was  this  [in 
French,  A  M.  Coleman].  To  Mr.  Coleman  ; 
with  other  letters  directed  to  Father  Harcourt. 

X.  C.  J.  He  saith  plainly  the  letter  was 
Tours.  You  gave  Harcourt  a  pacquet  of 
letters  to  be  delivered  to  La  Chaise,  liarcourt 

3 


delivered  them  to  him,  and  he  did  carry  them 
to  La  Chaise,  aud  heard  them  talk  about  this 
Plot :  that  La  Chaise  wrote  a  letter  to  you  (par- 
ticularly by  oame)  inclosed  in  a  letter  to  liar- 
court ;  that  answer  he  brought  back. 

Recorder.  Do  you  know  any  thing  concern- 
ing any  money  Mr.  Coleman  said  lie  had  re- 
ceived ?  the  sums,  and  for  what  ? 

Bcdlow.  It  was  to  carry  on  the  design  to 
subvert  the  government  of  England,  to  free 
Eugland  from  damnation  and  ignorance,  and 
free  all  Catholics  /rom  hard  tyranny  and  op- 
pression of  Heretics. 

Att.  Gen.  What  words  did  you  hear  Mr. 
Coleman  express,  what  he  would  do  lor  the 
Catholic  cause? 

Bcdlow.  May  J4,  or  25,  1677, 1  was  at  Mr. 
Coleman's  with  Mr.  Harcourt,  and  received 
another  pacquet  from  Mr.  Harcourt,  and  he 
had  it  from  Mr.  Coleman. 

L.  C.  /.  You  say,  Mr.  Coleman  did  give 
this  pacquet  to  Harcourt  ? 

Bcdlow.  Yes,  and  Harcourt  delivered  it  to 
me  to  carry  it  to  Paris  to  the  English  monks. 
I  was  to  go  by  Doway  to  see  if  they  were  not 
gone  to  Paris  before  me. 

L.  C.  J.  And  what  did  they  say-  when  you 
delivered  the  letters  to  the  English  monks  ? 

Bcdlow.  They  told  me  how  much  reward  I 
deserved  from  the  pope  and  the  church,  both 
here  and  in.  the  world  to  come.  I  overtook 
three,  and  that  night  I  went  to  Paris  with 
them  ;  aod  upon  the  consultation,  1677, 1  be- 
lieve they  sent  the  bishop  of  Tomes  the  sub- 
stance of  those  letters ;  and  not  having  a  final 
Answer  what  assistance  the  Catholic  party  in 
England  might  expect  from  them,  they  were 
resolved  to  neglect  their  design  no  longer  thaa 
that  summer,  having  ail  things  ready  to  begin 
in  England. 

Recorder.  What  did  you  bear  Mr.  Cole- 
man say? 

Bcdlow.  That  he  would  adventure  any  thing 
to  bring  in  the  Popish  religion  :  afier  tue  con- 
sultation, I  delivered  the  letters  to  La  Faire, 
and  be  brought  them  to  Harcourt,  he  delivered 
the  pacquet  of  letters  to  Harcourt,  who  was  not 
well,  but  yet  went  and  delivered  them  to  Mr. 
Coleman,  and  I  went  as  far  as  Mr.  Coleman's 
house,  but  did  not  go  in,  but  stayed  over  the 
way ;  but  Harcourt  went  in,  and  after  he  had 
spoke  with  Mr.  Coleman,  he  gave  me  a  beck 
to  come  to  bim ;  and  I  heard  Mr.  Coleman 
say,  If  be  had  a  hundred  lives,  and  a  sea  of 
blood  to  carry  on  the  cause,  he  would  spend  it 
all  to  further  the  cause  of  the  Church  of  Rome, 
aod  to  establish  the  Church  of  Rome  in  Eng- 
land :  and  if  there  was  an  hundred  Heretical 
kings  to  he  deposed,  he  would  see  them  all  de- 
stroyed. 

£.  C.  J.  Where  was  this  ? 

Bcdlow.  At  his  own  house. 

L.C.J.  Where? 

Bedim*.  Behind  Westminster  Abbey. 

X.  C.  /.  In  what  room  ? 

Bedlam.    At  the  foot  of  the  stair-case* 

L.  C.  /.  Where  were  you  then  ? 


«1 


STATE  TWAiS,  SO  Chaiu.es  I(.  1078.-: far  High  Tmsan. 


[*> 


tto  present  question ;  but  did  be  make  an  an- 
sae* to  rbe  knowing  or  not  knowing  him? 

Just.  Dotyn.  Did  he  say  he  did  not  well 
know  Mr.  Coleman,  or  that  he  did  not  well 
know  that  man  ? 

Sir  T.  Dolman.  He  said  he  bad  no  ac- 
quaintance with  that  nan  (to  the  beat  of  my 
remembrance). 

L  C.  J.  Sir  Robert  Southwell,  you  were 
present  at  Mr.  Oates  hit  examination  before 
the  Council;  in  what  manner  did  he  accuse 
Mr. Coleman  then? 
Sir  R.  Southwell.  The  question  is  so  parti- 
*  eolar,  I  cannot  gire  the  Court  satisfaction ;  but 
other  material  things  then  said  are  now  omitted 
bj  Mr.  Oates ;  for  he  did  declare  against  sir 
George  Wakeman,  that  5,000/.  was  added,  in 
all  15,000/.,  and  that  Mr.  Coleman  paid  five 
of  i he  fifteen  to  sir  George  in  hand. 

L  C.  J.  This  answers  much  of  the  objection 
■poo  him.  The  Court  has  asked  Mr.  Oates 
bow  be  should  come  now  to  charge  you  with 
ail  these  matters  of  poisoning  and  killing  the 
king,  and  yet  be  mentioned  you  so  slightly  at 
the  Council-table  ;  but  it  is  said  by  sir  Robert 
Southwell  he  did  charge  you  with  5,000/.  (for 
poisoning  tlte  king)  to  be  added  to  the  10,000/., 
sod  be  charged  you  expressly  with  it  at  the 
'      Council- table. 

!  Pris.  The  charge  was  so  slight  against  me 
by  Mr.  Oates,  that  the  council  were  not  of  his 
opinion :  For  the  first  order  was  to  go  to  New- 
gate, and  sir  R.  Southwell  came  with  directions 
to  the  messenger  not  to  execute  the  order.  I 
humbly  ask  whether  it  was  a  reasonable  thing 
to  conceive  that  the  council  should  extenuate 
the  punishment,  if  Mr.  Oates  came  with  such 
so  amtsug  account  to  the  council. 

Sir  R,  South.  Mr.  Oates  gave  so  large  and 
general  an  information  to  the  council,  that  it 
tooid  not  easily  be  fixed.  Mr.  Coleman  came 
Yolontarily  in  upon  Monday  morning.  The 
warrant  was  sent  out  on  Sunday  night  for  Mr. 
CoJenaa  and  his  papers;  His  papers  were 
found  and  seized,  but  Mr.  Coleman  was  not 
found  at  that  time  nor  all  night,  but  came  on 
MoodBj  morning  voluntarily,  and  offered  him- 
self at  sir  Joseph  Williamson's  bouse,  hearing 
there  was  a  warrant  against  him :  By  reason 
of  so  many  prisoners  that  were  then  under 
examination,  he  was  not  heard  till  the  after- 
noon, and  then  be  did  with  great  indignation 
sad  contempt  hear  these  vile  Uungs,  as  thinking 
bisnself  innocent. 

Pris.    If  I   thought  myself  guilty,  I  should 

bswj  charged  myself:   I  hope  his  majesty,  upon 

•hat  hath  been  said,  will  be  so  far  satisfied  as 

to  discharge  me, 

Sir  R.  South.    Mr.  Coleman  then  made  so 

Ka  discourse  for  himself,  that  though  the 
had  filled  op  a  blank  warrant  to  send  him 
to  Newgate,  that  was  respited,  and  he  was 
oaly  committed  to  a  messenger.  I  did  say  to 
the  messenger,  Be  very  eivil  to  Mr.  Coleman, 
for  things  are  under  examination,  but  you  must 
leep  bssm  safely.  Saith  the  messenger,  Pray 
let  me  hate  a  special  variant,  that  deth  dis- 


pense with  the  warrant  I  had  to  carry  him  to 
Newgate,  and  such  a  warrant  he  had.  The 
king  went  away  on  Tuesday  morning  to  New- 
market, aud  appointed  a  particular  committee 
to  examine  the  papers  brought  of  Mr.  Coleman 
aud  others.  His  papers  were  found  in  a  deal 
box,  and  several  of  these  papers  and  declara- 
tions souuded  so  strange  to  the  lords,  that  they 
wtre  ainased;  and  presently  they  signed  a  war- 
rant for  Mr.  Coleman's  going  to  Newgate. 

L.  C.  J.  Did  Mr.  Oates  give  a  round  charge 
against  Mr.  Coleman?      * 

Sir  R.  South,  lie  had  a  great  deal  to  do, 
he  was  to  repeat  in  tlie  afternoon  on  Sunday 
when  the  king  was  present,  all  he  had  said  to 
the  lords  on  Saturday.  He  did  say  of  Mr. 
Coleman,  that  he  bad  corresponded  very  wick- 
edly and  basely  with  the  French  king's  confessor, 
and  did  believe  if  Mr.  Coleman's  papers  were 
searched,  there  would  be  found  in  them  that 
which  would  cost  him  his  neck.  And  did  de- 
clare that  the  15,000/.  was  accepted  for  the 
murder  of  the  king,  and  that -5,000/.  was  actu- 
ally paid  by  Mr.  Coleman  to  sir  George  Wake- 
man.  Hut  Mr.  Oates  at  the  same  time  did 
also  declare  that  he  did  not  see  the  money 
paid,  he  did  not  see  this  particular  action  of  air 
George  Wakemaa,  because  at  that  time  he  had 
the  stone,  and  could  not  be  present. 

Gate*.  I  was  not  present  at  that  consult 
where  the  15,000/.  was  accepted,  but  I  had  an 
account  of  it  from  those  that  were  present 

X.  C.  J.  It  appears  plainly  by  this  testi- 
mony, thai  be  did  charge  you  Mr.  Coleman 
liome,  that  15,000/.  was  to  be  paid  for  poison- 
ing the  king ;  and  that  it  was  generally  said 
among  them  (though  he  did  not  see  it  paid) 
that  it  came  by  your  hands,  via.  5,000/.  of  it ; 
which  answers  your  objection  as  if  he  had  not 
charged  you,  when  you  see  he  did  charge  yon 
home  then  for  being  one  of  the  conspirators,  m 
having  a  hand  in  paying  of  money  for  poisoning 
the  king:  he  charges  you  now  no  otherwise 
than  in  that  manner  :  he  doth  not  charge  you 
now  us  if  there  were  new  things  started,  but 
with  the  very  conspiracy  of  having  a  hand  in 
paying  the  money  for  murdering  the  king. 
What  consultation  was. that  you  had  at  the 
Savoy,  in  the  month  of  August? 

Oa(e$.  It  was  about  the  business  of  the  four 
Irish  ruffians  proposed  to  the  consult. 
The  End  of  Mr.  Oates's  Examination. 

Mr.  Bedlam's*  Examination. 

Sir  Francis  Wianingtoit,  (Sol.  Gen.)  We 
will  call  him  to  give  an  account  what  he  knows 
of  the  prisoner's  beiug  privy  to  the  conspiracy 
of  murdering  the  king  (particularly  to  that). 
Mr.  Bedlow,  pray  acquaint  my  lord  and  the 
jury  what  you  know,  I  desire  to  know  parti- 
cularly as  it  concerns  Mr.  Coleman,  and  no- 
thing but  Mr.  Coleman. 

*  See  the  Examinations  of  this  witness  taken 
before  a  Committee  of  the  House  of  Lords,  and 
in  his  last  sickness  before  Chief  Justice  North, 
voL  6,  p.  1403. 


MB 


35J         STATE  TRIALS,  tfO  Charles  II. 

Att.  Xren.  Inform  the  court  whether  he 
kept  any  book,  to  make  entry  of  letters  he  sent 
or  received  ? . 

Boatman.  Yes,  there  was  a  large  book  my 
master  did  enter  his  letters  in,  and  bis  news. 

Att.  Gen.     What  is  become  of  that  book  i 

Boatman,    I  know  not. 

Att.  Gen.  When  did  you  see  that  book 
last,  upon  your  oath  ? 

Boatman.    On  Saturday. 

Att.  Gen.  How  long  before  he  was  sent  to 
pri&on  ? 

Boatman.  Two  days,  because  the  «eit  day 
was  Sunday,  when  he  di4  not  make  use  of  it : 
On  Monday  my  master  was  in  prison,  and  I 
did  not  mind  the  book. 

L.  C.  J.  Were  there  any  entries  of  letters 
in  that  book  within  two  years  last  past  r* 

Boatman.    I  cannot- be  positive. 

Ait.  Gen.  Did  he  not  usually  write  and  re- 
ceive letters  from  beyond  sea?  Till  that  time 
had  be  not  negociation  as  usually  ? 

Boatman.  He  had  usually  news  every  post 
from  beyond  the  seas. 

Pro.  There  is  letters  from  the  Hague, 
Brussels,  France  and  Rome ;  they  are  all  with 
the  council,  which  were  all  the  letters  I  re- 
ceived. ' 

Att.  Gen.  We  hare  another  witness :  Cat- 
taway,  are  you  acquainted  with  Mr.  Coleman's 
hand  writing  ?  Do  you  believe  it  to  be  his  hand 
writing  ? 

Witneu.  I  believe  it  is,  they  are  his  hand- 
writing. 

Att.  Gen.  It  will  appear,  if  there  were  no 
no  other  proof  in  this  cause,  his  own  papers 
are  as  good  as  an  hundred  witnesses  to  con- 
demn him :  Therefore  I  desire  to  prove  them 
fully  by  his  own  confession. 

Sir  Phil.  Lloyd,  a  witness.  These  are  the 
papers  I  received  from  sir  Thomas  Dolman ; 
I  found  thorn  (as  he  saith)  in  a  deal  box;. 
Among  his  papers  I  found  this  letter.  .  Mr. 
Coleman  hath  owned  tUia  was  his  hand- writing ; 
it  is  all  one  letter. 

Alt.  Gen.  It  is  all  the  same  hand,  and  he 
acknowledged  it  to  be  his. 

Mr.  Recorder.  I  desire  Mr.  Astrey  may  read 
it  so  that  the  Jury  may  bear  it. 

Mr.  Astrey,  Clerk  of  the  Crown,  reads  toe 
letter. 

The  99th'  of  September  (1675.)  It  is  sub- 
scribed thus;  "  Your  most  humble  and  most 
obedient  Servant,"  but  no  name. 

Mr.  Coleman's  Long  Letter. 

"  Since  Father  St.  German  has  been  so 
kind  to  me,  as  to  recommend  me  to  your  re- 
verence so  advantageously,  as  to,  encourage 
you  to  accept  of  my  correspondency ;  I,  will 
own  to  him  that  be  has  dune  me  a  favour  without 
consult! ok  me,  greater  than  I  could  have  been 
capable  of  if  he  had  advised  with  me ;  because 
I  could  not  then  have  had  the  confidence 
to  have  permitted  him  to  ask  it  on  my  be- 
lialf.  And  I  am  so  sensible  of  the  honour 
you  are  pleased  to  do  me,  that  though  I  cannot 

7 


1078. — Ttial  of Edward  Coleman, 


186 


deserve  it,  yet  to  shew  at  least-  the  sense  I 
have  of  it,  I  will  deal  its  freely  and.  openly  with 
you  this  first  time,  as  if  I  had  had  the  honour 
of  your  acquaintance  all  my  life;  and  shall 
make  no  apology  for  so  doing,  but  only  tell 
you  that  I  know  your  character  perfectly  well, 
though  I  am  not  so  happy  as  to  kuow  your  per- 
son; and  that  I  have  an  opportunity  of  putting 
this  letter  iota  the  hands  of  Father  St.  Ger- 
man's nephew  (for  whose  integrity  and  pru- 
dence he  has  undertaken)  without  any  sort  of 
hazard. 

"  In  order  then,  sir,  to  the  jilaionessl  pro- 
fess, I  will  tell  you  what  «4*jus  formerly  passed 
between  your  reverence's  predecessor,  Father 
Ferrier,  and  myself.     About  three  years  ago, 
when  the  king  ray  master  pent  a  troop  of  horse* 
guards  into  his  most  Christian  .majesty's  ser- 
vice, under  the  command  of  my  lord  Dura**, 
he  sent  with  it  an  officer  called  sir  William 
Throckmorton,  with  whom  I  had  a  particular 
intimacy,  and  who  bad  then  very  newly  em- 
braced the  Catholic  religion :  to  him  did  1  con- 
stantly write,  and  by  him  address  myself  to 
Father  Ferrier.     The  first  thing  of  great  im- 
portance I  presumed  to  offer  him  (not    to 
trouble  you  with  lesser  matters,  or  what  passed 
here  before,  and  immediately  after  the  fatal 
revocation  of  the  king's  declaration  for  liberty 
of  conscience,  to  which  we  owe  all  our  miseries 
and  hazards,)  was  in  July,  August,  and  Sep- 
tember 1673,  when  I  constantly  inculcated  the* 
great  danger  Catholic  religion  and  his  most 
Christian  majesty's  interest  would  be  in  a  tour 
next  sessions  of  parliament,  which  was  then  to 
be  in  October  following  ;    at  which  I  plain  J  y 
foresaw   that  the  king  my   master  would   be 
forced  to  something  in, prejudice  to  his  alliance 
with  France,  which  I  saw  so  evidently  and 
particularly  that  we  should  make  peace  with 
Holland ;    that  £  urged  all  the  arguments  I 
could,  which  to  me  were  demonstrations,  to 
convince  your  court  of  {hat  mischief;    and 
pressed  all  I  could  to  persuade  his  most  Chris- 
tian majesty  to  use  his  utmost  endeavour  to  pre- 
vent that  session  of  our  parliament,  and  proposed 
expedients  how  to  doit:  but  I  was  answered  so 
often  and  so  positively,  that  his  most  Christian 
majesty  was  so  well  assured  by  his  ambassador 
here,  our  ambassador  there.,  the  lord  Arlington* 
and  even  the  kiug  himself;  that  he  had  no  suck 
apprehensions  at  ail,  but  was  fully  satisfied  of 
the  contrary,  and  looked  upon  what  I  offered 
as  a  very  zealous  mistake,  that  I  was  fosced  to 
give  over  arguing,  though  not  believing  as  I 
did ;  but  conndeutly  appealed  to  time  and  suc- 
cess to  prove  who  took  their  measures  rightest. 
When  it  happened  what  I  foresaw  came  to 
pass,  the  good  Father  was  a  little  surprised,  to 
see  all  the  great. men  mistaken,  and  a  little  one 
in  the  riaht;  .and  was  pleased  by  sir  William 
Throckmorton  to  desire   the  continuance  of 
'  my  correspondence,  which  I  was  mighty  witl- 
ing to  comply  with,  knowing  the  interest  of  our 
king,  and  in  a  more  particular  manner  of  my 
more  immediate  master  the  duke,  and  bis  moat 
Christian  majesty,  to  be  so  inseparably  unitea* 


3T] 


STATE  TRIALS,  30  Charles  II.  1678.— /or  High  Treason. 


[» 


that  it  was  impossible  to  divide  them,  without 
dauojing  them  all :  upon  this  I  shewed  that 
ov  parliament  io  the  circumstances  it  was 
nonaged,  by  the  timorous  counsels  of  our  mi- 
nisters, who  then  governed,  would  never  be 
ssefnl  either  to  England,  France,  or  Catholic 
itiigiof),  but  that  we  should  as  certainly  be 
forced  from  our  neutrality  at  their  next  meet- 
ing, as  we  bad  been  from  our  active  alliance 
ftitli  France  the  last  year :  that  a  pence  in  the 
circumstances  we  were  in,  was  much  more  to 
be  desired  than  the  continuance  oi'  the  war ; 
and  tint  the  dissolution  of  our  parliament 
W9»W  certainly  procure  a  pe*ce ;  for  that  the 
confederate!  -did  more  depend  upon  the  power 
they  had  in  our  parliament,  than  upon  any 
thing  else  in  the  world  ;  and  were  more  en- 
counted  from  them  to  the  continuing  of  the 
war;  so  chat  if  they  were  dissolved,  their  mea- 
sures would  be  all  broken,  and  they  conse- 
quent!? in  a  manner  necessitated  to  a  peace. 
"The good  rather  minding  this  discourse  iome- 
%hat  more  than  the  court  of  France  thought  fit 
to  do  my  former,  urged  it  so  home  to  the  king, 
that  his  majesty  was  pleased  to  give  him  orders 
to  signify  to  his  royal  highness  my  master, 
that  his  majesty  was  fully  satisfied  of  his  royal 
aigimess'sgood  intention  towards  him,  and  that 
he  esteemed  both  theft  interests  but  as  one 
tnd  the  same;  that  my  lord  Arliugton  and 
at  parliament  were  both  to  be  looked  upon  as 
very  onusefut  /o  their  interest :  That  if  his  royal 
highness  would  endeavour  to  dissolve  this  par- 
liament, his  most  christian  majesty  would  as- 
sist him  with  his  power  and  purse,  to  have 
anew  one  as  should  he  for  their  purpose.  This, 
tad  a  {rreat  many  more  expressions  of  kindness 
sad  confidence,  Father  Ferrier  was  pleased  to 
comtDooicate  to  sir  William  Throckmorton,  and 
oovfnanded  him  to  send  them  to  his  royal 
highness,  and  withal  to  beg  his  royal 
jugnoess  to  propose  to  his  most  christian  ma- 
jesty, what  be  thought  necessary  for  his  own 
concern,  and  the  advantage  of  religion,  and  his 
majesty  would  certainly  do  all  he  could  to  ad- 
nnce  both  or  either  of  them.  This  sir  William 
Throckmorton  sent  to  me  by  an  express,  who 
left  Paris  the  2d  of  June  1674,  Stiio  novo:  1  no 
sooner  had  it,  but  I  communicated  it  to  bis 
Bt  H.  To  which  his  R.  H.  commanded  me 
to  answer,  as  I  did  on  the  29th  of  the  same 
Booth :  That  his  fi.  H.  was  very  sensible  of 
as  most  christian  majesty's  friendship,  and  that 
nevoold  labour  to  cultivate  it  with  all  the  good 
offices  be  was  capable  of  doing  for  his  majesty ; 
tatt  he  was  fully  convinced  that  their  interests 
n«e  both  one,  that  my  lord  Arlington  and  the 
parliament  were  not  only  unuseful,  but  very 
dsngerous  both  to  England  and  France  :  that 
therefore  it  was  necessary  that  they  should  do 
*U  theycould  to  dissolve  it.  And  that  his  royal 
kighneWa  opinion  was,  that  if  bis  most  christian 
majesty  would  write  bit  thought*  freely  to  the 
«ng  of  Eogland  upon  this  subject  and  make 
aSe  same  proffer  to  his  majesty  of  bis  purse  to 
fmolre  this  parliament,  which,  he  had  made  to 
us  rojal  highness  to  call  another,  he  did  believe 


it  very  possible  for  him  to  succeed,  with  the  as- 
sistance we  should  be  able  to  give  him  here  ; 
and  that  if  this  parliament  were  dissolved, 
there  would  be  no  great  dilticulty  of  getting  a 
new  one,  which  would  be  more  useful :  the  con- 
stitutions of  our  parliaments  being  such,  that  a 
new  one  can  never  hurt  the  crown,  nor  an  old 
one  do  it  good. 

44  His  royal  highness  being  pleased  to  own 
these  propositions,  which  were  but  only  ge- 
neral, I  thought  it  reasonable  to  be  more  par* 
(iculnr,  and  come  closer  to  the  point,  that  we 
might  go  the  faster  about  the  work,  and  come 
to  some  resolution  before  the  time  was  too  far 
spent. 

"  I  laid  this  for  my  maxim :  the  dissolution 
of  our  parliament  will  certainly  procure  a  peace; 
which  proposition  was  granted  by. every  body  I 
conversed  withal,  even  by  M.  Rouvigny  him- 
self, with  whom  I  took  liberty  of  discoursing  so 
far,  but  durst  not  say  any  thing  of  the  intelli- 
gence I  had  with  father  Fenier.  Next  ;  that 
a  sum  of  money  certain,  would  certainly  pro- 
cure a  dissolution  ;  this  some  doubted,  but  I 
am  sure  I  never  did  ;  for  I  knew  perfectly  well 
that  the  king  had  frequent  disputes  with  him- 
self at  that  time,  whether  he  should  dissolve  or 
continue  them  ;  and  he  several  times  declared 
that  the  arguments  were  so  strong  on  both  sides, 
that  he  could  not  tell  to  which  to  incline,  but 
was  carried  at  last  to  the  continuance  of  i hem 
by  this  one  argument ;  if  I  try  them  once  mure, 
they  may  possibly  give  me  money  ;  if  they  do 
I  have  gaiued  my  point,  if  tliey  do  not,  1  can 
dissolve  them  then,  and  be  where  I  am  now  :  so 
that  I  have  a  possibility  at  least  of  getting  mo- 
ney for  their  continuance,  against  nothing  on 
the  other  side  :  but'  if  we  could  have  turned 
this  argument,  and  said  ;  Sir,  their  dissolution 
will  certainly  procure  you  money,  when  you 
hare  only  a  bare  possibility  of  getting  any  by 
their  continuance,  and  have  shewn  Iujw  far  that 
bare  possibility  was  from  being  a  fouitdntton  to 
build  any  reasonable  hope  upon,  which  I  am 
sure  his  majesty  was  sensible  of:  and  how 
much  300,000/.  sterling  certain  (which  was  the 
sum  we  proposed)  wa»  better  than  a  bare  pos- 
sibility (without  any  reason  to  hope  that  that 
could  ever  be  compassed)  of  having  half  no. 
much  more  (which  watthe  most  he  designed  to 
ask,)  upon  some  vile  dishonourable  terms,  a«4 
a  thousand  other  hazards,  which  he  had  great 
reason  to  be  afraid  of:  if,  I  say,  we  had  power 
to  have  argued  this,, I  am  ino»t  confine ntly  as- 
sured we  could  have  compassed  it,  for  Logic 
in  our  court  built  upon  moirey,  has  more  pow- 
erful charm**  than  any  other  sort  of  reasoning. 
But  to  secure  bi»  most  christian  majesty  from 
any  hazard  as  to  that  p<»n»t,  1  proposed  hi*  ma- 
jesty should  offer  that  sum  upoii  that  condition; 
and  if  the  condition  were  not  performed,  tin?  mo- 
ney should. never  be  due;  if  it  were  and  tnat  a 
ptace  would  certainly  follow  thereupon,  (which 
nobody  doubted)  his  maj»  sty  would  gJ«in  hi*  Mids 
and  save  all  the  vn«texpeocesof  the  nest  cam* 
paign,  by  which  he  could  not  hope  to  oerei  h«s 
condition,  or  put  hiifisetl  into  more  advantageous 


90}  STATE  TRIALS,  30  Cham-bs  IL  1676. — Trial  ofEdwmrd  CoUtmm,  [W 

circumstance*  of  Treaty  than  be  was  then  in ;  hot 
mig bt  very  probably  be  in  a  much  worse,  con- 
sidering the  mighty  opposition  be  was  like  to 
meet  with,  and  the  uncertain  chances  of  war. 
Bat  admitting  that  his  majesty  could  by   his 
treat  strength  and  conduct  maintain  himself 
in  as  good  a  condition  to  treat  the  next  year  as 
he  was  then  in ;  (which  was  as  much  as  could 
then  reasonably  be  hoped  for)  he  should  have 
saved  by  thib  proposal  as  much  as  all  the  men 
be  must  needs  lo»e,  and  all  the  charges  he 
should  be  at  in  a  year,  would  be  valued  to 
amount  to  more  than  300.000i.  sterling,  and  so 
much  more  in  case  his  condition  should  decay, 
as  it  should  be  worse  than  it  was  when  this 
was  made ;  and  the  condition  of  his  royal  high- 
ness and  of  the  Catholic  religion  here  (which 
depends  very  much  upon  the  success  of  bis 
most  christian  majesty,)  delivered  from  a  great 
many   frights  and   real    ^azartts.     F.  Ferrier 
seemed  to  be  very  sensible  of  the  benefit  all 
parties  would  gain  by  this  proposal  ;  but  yet  it 
was  unfortunately  delayed  by  an  unhappy  and 
tedious  fit  of  sickness,  which  kept  him  so  long 
from  the  king  in  the   FrancbeCompte,  and 
made  him  so  unable  to  wait  on   mVtnajesty 
after  be  did  return  to  Pahs  :  but  so  soon  as  he 
oouid  compass  it,  he  was  pleased  to  acquaint 
his  majesty  with  it,  and  wrote  to  the  Duke  him- 
self; and  dad  me  the  honour  to  write  unto  me 
also  on  the  15th  of  September  1674,  and  sent 
his  letter  by  sir  William  Throckmorton,  who 
came  upon  express  that  errand  *.  in  these  let- 
ters he  gave  his  royal  highness  fresh  assurance  of 
his  most  christian  majesty's  friendship,  and  of 
his  zeal  and  readiness  to  comply  with    every 
thing  his  royal  highness  had,  or  should  think  fit 
to  propose  in  favour  of  religion,  or  the  business 
of  money:  and  that  he  had  commanded  M. 
Houvigny  as  to  the  latter,  to  treat  and  deal 
with  his  royal  highness  and  to  receive  and  ob- 
serve his  orders  and  directions;    hut  desired 
that  he  might  not  at  all  be  concerned  as  to  the 
farmer,  but  that  his  royal  (ugliness  would  cause 
what  proposition  he  should  think  fit  to  be  made 
shout  religion,  to  be  offered  either  to  Father 
Ferrier,  or  Mi  Pompone. 

"  These  letters  came  to  us  about  the  middle 
of  September,  and  his  royal  highness  espected 
daily  wheo  M.  Rouvigny  should* speak  to  bim 
shoot  the  subject  of  that  letter ;  but  he  took 
no  notice  at  all  of  anv  thing  till  the  99th  of 
September,  the  evening  before  the  king  and 
dose,  went  to  Newmarket  for  a  fortnight,  and 
then  only  said,  that  be  had  commands  from 
his  master  to  give  his  royal  highness  the  most 
firm  assurance  of  his  friendship  imaginable,  or 
tamer hing  to  that  purpose,  making  his  royal 
highness  a  general  compliment,  but  made  no 
mention  of  any  particular  orders  relating  to 
Father  Ferrier*8  letter.  The  duke  wondering 
at  this  proceeding,  and  beinit  obliged  to  stay  a 
good  part  of  October  at  Newmarket ;  and  soon 
aster  his  coming  back,  hearing  of  the  death  of 
Father  Ferrier,  he  gave  over  all  further  prose- 
csting  of  the  former  project.  But  I  believe  I 
•ssv  M.  Rsavignye  policy  all  along,  whs  was 


willing  to  save  his  master's  money*  upon 
suranoe  that  we  would  do  all  we  coeld  to  stave- 
off  the  parliament  for  our  own  takes,  that  we 
would  struggle  as  hard  without  mooey  as  with  - 
it;  and   we  having  by  that  lime,  upon  our* 
own  interest,  prevailed  to  get  the  parliament' 
prorogued  to  the  13th  of  April,  he  thought  that- 
prorogation  being  to    a  day  so  high   in  the- 
spring,  would  put  the  confederates  so  far  be- 
yond their  measures,  as  that  it  might  procure  a 
peace,  and  be  as  useful  to  France  as  a  disso- 
lution *.  upan  these  reasons  I  suppose  be  went; 
I  bad  several  discourses  with  ntm ;    and  dsnV 
open  myself  fo  far  to  bim  as  to  say,  1   could 
wish  liis  master  would  give  us  leave  to  offer  to 
our  master  300,000/.  for  the  dissolution  of  the 
parliament;    and  shewed   bim  that  a  peace- 
would    most    certainly   follow    a    dissolution 
(which  be  agreed  with  me  in,)  and  that  we  de- 
sired not  the  money  from  his  master  to  excite* 
our  wills,  or  to  make  us  more  industrious  to 
use  our  utmost  powers  to  procure  a  dissolution , 
bat  to  strenghten  our  power  and  credit  with 
the  king,  and   to  render   us  more  capable  to 
succeed  with  his  majesty,  as  most  certainly  we* 
should  have  done,  had  we  been  fortified  with 
such  an  argument. 

"  To  this  purpose  I  pressed  M.  Pompone- 
frequently  hy  sir  William  Throckmnrtcn,  w bo- 
returned  hence  again  into  France  on  the  10th- 
of  November,  the  day  our  parliament- should^ 
have  met,  but  was  prorogued.  tM,  Pompone/ 
(as  I  was  informed  by  sir  William)  did  teen*  to 
approve  the  thing  ;  but  yet  bad  two  objections^ 
against  it:  First,  that  the  sum  we  proposed, 
was  great ;,  end  could  be  very  ill  spared  in  the* 
circumstances  his  most  Christian  majesty  was* 
in.  To  wLicli  we  answered,  that  if  bv  his  ex- 
pending  that  sum,  he  could  procure  a  diseolu* 
tion  of  our  parliament,  and  thereby  a  peace, 
winch  every  body  agreeed  would  necessarily- 
follow  ;  his  most  Christian  majesty  would  gain 
his  ends,  and  save  five  or  ten  times  a  greater 
sum,  and  so  be  a  good  husband  by  rmvexpence  ; 
and  if  we  did  not  procure  a  dissolution,  ho 
should  not  be  at  that  es pence  at  all ;  for  that 
we  desired  him  only  to  promise  upon  that 
condition,  which  we  were  content  to  be  ob- 
liged to  perform  first.  The  second  Objection 
was.  The  duke  did  not  move,  nor  appear  in  it 
himself.  To  that  we  answered,  That  he  did' 
not  indeed  to  M.  Pompone,  because  he  bad 
found  so  ill  an  effect  of  the  neeociation  with 
Father  Ferrier,  when  it  came  into  M.  Ron- 
vieoy  s  hands ;  but  that  be  hud  concerned  htm* 
self  in  it  to  Father  Ferrier. 

"  Yet  r  continued  to  prosecute  and  pre*? 
the  dissolution  of  the  par  hart*  en  t,  detesting  all 
prorogations  as  only  so  much*  lo*s  of  time,  and 
a  means  of  strengthening  all  those  who  depend 
up«>n  it  in  opposition  to  the  crown,  the  interest 
of  France  and  Catholic  religion,  in  the  opinion 
they  had  taken.  That  our  king  durst  not  pert 
with  bis  parliament;  apprehending  that  ano- 
ther would  be  much  worse.  Second rr,  That 
he  could  not  livelong  without  a  parrmment,* 
therefore  they  aunt  suddenly  meet;  and  the 


*\ 


STATETTretlAIA  30  Champs  II   HUB*—/*  High  TVrtubm 


[4# 


loafer  he  kept  them  ©»€£  tbe  greater  his  neces- 
sity wvaW     grow »      and     consequently   their 
power  10 m»ke  Him  do  what  they  listed,  would* 
increase  accordingly '-     trod"   therefore,  if  they 
awM  but  maintain    themselves    a  while,  the 
day  would  certainty   come  in  a  short  time,   in 
wtieh  they  thould  be  oble  to  work"  their  wills. 
9och  discourses  as  these  Kept  the  Confederates 
and  our  Male- contents  in  heart,  and  made  them 
•either  on  the  war  in  spite  of  all  our  proroga- 
tion*: therefore  I  pressed  (as  I  hare  said)  a 
dMsolbrinn  until  'February  last,  when  our  cir- 
cumstances were  so   totally  changed,  that  we 
were  forced  to  change  our  counsels  too;  and  he 
as  orach  for  the   parliament's  sitting,  as  we 
were  before  against  it. 

**  Our  Change  was  thus :    Before  that'  time, 
the  lord   Arlington    was  the  only  minister  in 
credit,  who  thought  himself  out  of  aft  danger 
of  the  parliament ;  he  having  been  accused  be- 
fore them  and  justified,  and  therefore    was 
zealous  for  their  sitting;    and  to  increase  his 
reputation  with  ihem,  and  to  become  a  perfect 
favourite,  he  sets  himself  all  he  coord  to  perse- 
cute the  Catholic  religion,  and  to  oppose  tbe 
■Reach :    To  shew  his  zeal  against  the  first,  he 
irrrved  some  old  dormant  Orders  for  prohibit- 
ing Roman  Catholics  to   appear   before  the 
ktnz,  and  put  th'em   in  execution  at  his  first 
coming  into  Ids  office  of  Lord  Cham  her  Iain  : 
Abd  to  make  snre  work  with  the  second,  as  he 
thought ;    prevailed  with  the  king  to  give  him 
and  the  eail  of  Ossory,  (who  married  two  sis- 
ters of  Mytie  Hfcere  Odvke's)  leave  to  go  over 
a>ro  Holland  with  the  said  Heere,  to  make  a 
yisi?,  as  they  pretended,  to  their  relations;  hut 
indeed,  and  in  troth,  to  propose  the  lady  Mary, 
eldest  daughter  of  his  royal  highness,  as  a  match 
foe  the  prince  of  Orange  ;  not  only  wirhout  the 
consent,  hut  against  the  good  liking  of  his 
royal  h\«hness  :     Insomuch,  that  the  lord  Ar-, 
lingtotrs   creatures    were    forced    to    excuse 
him,    with  a   distinction,  thaf    the  said   lady 
was  not  to  he  looked  upon  as  the  duke's  daugh- 
ter, hot  as  the  king's,  and  a  child  of  the  state 
was,  and  so  the  duke's  consent  not  much  to  be 
considered  in  the  diswsal  of  her,  but  only  the- 
interest  of  state.     By  this  he  intended  to  ren- 
der himself  the  darling  of  parliament  and  Pro- 
tcscmnts,  who  looked   upon  themselves  as  se- 
ared in  their  religion  by  such  an  alliance,  and 
designed  further  to  draw  us  into  a  close  con- 
jwaerjou    with   Holland,  and   the  enemies  of 
France.     The'lord  Arlington  set  forth  upon  this 
errand  the  lOlh  of*  November.  1674,  and  re- 
*Or»ied  not  till  the  6th  of'Jannarv  following? 
XTdrntg  hrs  absence,  the  Lord  Treasurer,  Lord 
Keeper,  and  the  duke  of  Lauderdale,  who  were 
the  only  mini»t*»r*  of  any  considerable  credit 
with  the  king,  and  who  all  pretended  to  be  en- 
tirely omted   to  the  Duke,  declaimed  loudly 
aad  with  great  violence,  against  the  said  lord, 
•od  bis  actions  in  Holland ;    and  did  hope,  in 
n%  absence,  to  bare  totally  supplanted  him, 
**«*  to  have  rooted  bim  out  of  the  king's  fa- 
lOtfr;  and  after  that,  thought  they  might  easily 
«0ogh^}ave  ddoli  with'  tbe  parliament.    But 


none  of  them  had  courage  enough  td  speak 
against  the'  parliament,  till  they  could  get  rid 
of  him*;    for  fear  they  should  not  succeed,  and'1 
that  the  parliament  would1  sit  in  spite  of  tbetn, 
and  come  to  hear  that  they  bad  used  their  em  ' 
deavoors  against  it :    which  would  have  been 
so  unpardonable  a*  crime  with  our  Omnipotent/' 
Parliament,  that  no  power  could  have  been 
able- to  have  saved  tbem  from  punishment:  * 
But  they  finding  at  bis  return,  that  they  could' 
not  prevail  agatust  Irim  by  such  means  and  arts' ' 
as   they  had  then  tried,    resolved  upon  near 
enamels;    which  were  to  outrun  hid*  in  hrs 
own  course ;    which  accordingly  they  under- 
took, and  became  as  fierce  apostles,  and  as' 
zealous  for  Protestant   religion,  and  against 
Popery,  as  ever  my  lord  Arlington  had  been 
before  them  ;    and'  in  pursuance  thereof,  per- 
suaded the  king  to  issue  out  those  severe  Or- 
ders   and    Proclamations   against*  Catholics, ' 
wrfrch  came  out  in  February  last;    by  which 
they  did  as  much  as  iir  them  lay  to,  extirpate" 
all  Catholics,  and  Catholic  religion;  out  of  the* 
kingdom  ;  which  counsels  were  in  my  poor  opi- 
nion so  detestable,  being  levelled,  as  they  must1 
needs  be,  so  directly  agaimt  the  D6ke,  by  peo- 
ple which  lie  had  Advanced,  and  who  had  pro* 
fessed  so  much  doty  and  service  to  him,  thajtf 
we  were  put  upon  new  thoughts*  how  to  save* 
bry royal  highness  now  from   the  deceits  aud 
snares  of  those  men  upon  whom  we  formerly 
depended.     We  saw  well  ertoujjli,.  that  their 
design  "*ns  to  nrrake  themselves  -as  gratefal  as' 
they  could*  to  the  parliament; if  it  must  sit;, 
they  thinking  nothing  so  acceptable  to  tbem, 
as  the  persecution  of  Popery-;    and  vet  they 
were  so  obnoxious  to  the  parliament's  displea- 
sure in  general,  that  they  wo»old  have  ft>eea 
glad  of  any  expedient  to  hare  kept  it  oft*;, 
though  they  durst  not  engage 'against  it  openly 
themselves,  but  thought  this  device  of  theirs* 
tmiaht  serte  for  their  purposes,   hoping    the 
Duke  would  be  so  alarmed  at' their  proceed- 
ings, and  by  his  being  left  bjr  every  body,  that . 
he  would  be  much  more  afraid  of  the  parlia- 
ment than  ever,  and '  would  use  bis  utmost 
power  to  prevent   its  sitting*      which    they 
doubted  not  but  he'  would  endeavour;    and 
,they  were  ready  enough  to  work- underhand  too 
for  him  (for  their  own  sakes;  not  his),  in  order' 
■thereunto;  but  durst  not  appear  openly ;  and 
to  encourage  the  Duke  the  more  to  endeavour 
the  dissolution  of  the  parliament,  their   crea- 
tures used  to  say  up  and  d(Wn,  That  this  rigor 
'against  the  Catholics   was   in   favour  of    thav 
Duke,  and  to  make  a  dissolution  of  the  parlia- 
ment more  easy,  (which  they  knew  he  coveted) 
by  obviating  one  great '  objection  which  was 
commonly  made  against  it,  wh.\ch  was,  That  if 
the  parliament  should  be  dissolved,  it  would  bo 
said,  That  it  was  done  in  favourr  of  Popery;, 
which  clamour  they  had  prevented  beforehand' 
by  the  severity  they  had  used  agai.*ist  it.     . 
!    "  As  soon  as  we  saw  these  tricks  put  upoa 
jii9  we  plainly  saw,  what  men   we  toad  to  deal' 
withal,  and   what  we  had  to  trust  to,  if  wo 
.were  wholly  at  their  mercy  :  But  yet  durst  nofc 


43]  STATE  TRIADS,  30  Charles  II.  161$.— Trial  of  Edxoard  Coleman,  [44 


seem  so  dissatisfied  as  we  really  were,  but. 
rather  magnified  the  contrivance,  as  a  device 
of  great  cunning  and  skill :  All  this  we  did 
purely  to  hold  them  in  a  belief,  that  we  would 
endeavour  to  dissolve  the  parliament,  and  that 
they  might  rely  upon  his  royal  highness  for  that 
.which  we  knew  tbey  longed  for,  and  were 
afraid  they  might  do  some  other  way,  if  they 
discovered  that  we  were  resolved  we  would  not : 
At  length  when  we  saw  the  sessions  secured,  we 
declared,  that  we  were  for  the  parliament's 
meeting  ;  as  indeed  we  were,  from  the  moment 
we  saw  ourselves  handled  by  all  the  king's 
ministers  at  such  a  rate  that  we  had  reason  to 
believe  they  would  sacrifice  France,  religion, 
and  his  royal  highness  too,  to  their  own  interest, 
if  occasion  served  ;  and  that  they  w  ere  led  to 
believe,  that  that  was  the  only  way  they  had  to 
save  themselves  at  that  time  :  For  we  saw  no 
expedient  fit  to  stop  them  in  their  career  of 
persecution,  and  those  other  destructive  coun- 
sels, but  the  parliament ;  which  had  set  itself 
a  long  time  to  dislike  every  thing  the  ministers 
had  done,  and  had  appeared  violently  against 
popery,  whilst  the  court  seemed  to  favour  it ; 
and  therefore  we  were  confident,  that  the  mi- 
nisters having  turned  their  faces,  the  parliament 
would  do  so  too,  and  still  be  against  them  ;  and 
be,as  little  for  persecution  then,  as  they  had  been 
for  popery  before.  This  I  undertook  to  manage 
for  the  Duke  and  the  king  of  France's  interest; 
and  assured  M.  Rouvigny,  which  I  am  sure  he 
will  testify,  if  occasion  serves,  that  jhar  sessions 
should  do  neither  of  them  any  hurt ;  for  that 
I  was  sure  I  had  power  enough  to  prevent  mis- 
chief, though  I  durst  not  engage  for  any  good 
tbey  would  do;  because  I  had  but  very  few 
assistances  to  carry  on  the  work,  and  wanted 
those' helps  which  others  had,  of  making  friends : 
The  Dutch  and  Spaniard  spared  no  pains  or 
expence  of  money  to  animate  as  many  as  they 
could  against  France ;  our  Lord  Treasurer, 
Lord  Keeper,  all  the  bishops,  and  such  as 
called  themselves  Old  Cavaliers,  (who  were  all 
then  as  one  man)  were  not  less  industrious 
against  popery,  ana  had  the  purse  at  their  girdle 
too  ;  which  is  an  excellent  instrument  to  gain 
friends  with  ;  and  all  united  against  the  Duke, 
as  patron  both  of  France  and  catholic  religion. 
To  deal  with  all  this  force,  we  had  no  money, 
but  what  came  from  a  few  private  bands  ;  and 
those  so  mean  ones  too,  that  I  dare  venture  to 
say,  that  I  spent  more  my  particular  self  out  of 
my  own  fortune,  and  upon  my  own  single 
credit,  than  all  the  whole  body  of  catholics  in 
England  besides  ;  which  was  so  inconsiderable, 
in  comparison  of  what  our  adversaries  com- 
manded, and  we  verily  believe  did  bestow  in 
making  their  party,  that  it  is  not  worth  men- 
tioning :  Yet  notwithstanding  all  this,  we  saw 
that  by  the  h?lp  of  the  Nonconformists,  as 
Presbyterians,  Iudependants,  and  other  sects, 
(who  were  a<j  much  afraid  of  persecution  as 
ourselves)  and  of  the  enemies  of  the  ministers, 
a&d  particularly  of  the  Treasurer  ;  who  by 
that  time  had  supplanted  the  earl  of  Arlington, 
and  was  grown  sole  manager  of  all  affairs  him- 


self, we  should  be  very  able  to  prevent  what 
they  designed  agaiiist  us,  and  so  render  the 
sessions  ineffectual  to  their  ends,  though  we 
might  not  be  able  to  compass  our  own  ;  which 
were,  to  make  some  brisk  step  in  favour  of  his 
royal  highness,  to  shew  the  king,  that  his  ma- 
jesty's affairs  in  parliament  were  not  obstructed, 
by  reason  of  any  aver- ion  they  had  to  his  royal 
highness's  person,  or  apprehensions  they  had 
of  him,  or  his  religion  ;  but  from  faction  and 
ambition  in  some,  and  from  a  real  dissatisfac- 
tion in  others,  that  ue  have  not  had  buch  fruits 
and  good  effects  of  those  great  sums  of  money 
which  hare  been  formerly  given,  as  was  expect- 
ed. If  we  could  then  have  made  hut  one  such 
step,  the  king  would  certainly  have  restored 
his  royal  highness  to  all  his  commissions  ; 
upon  which  he  would  have  been  much  greater 
than  ever  yet  he  was  in  his  whole  life,  or  could 
probably  ever  have  been  by  any  other  course 
in  the  world,  than  what  he  had  taken  of  be- 
coming catholic,  &c.  And  we  were  so  very 
near  gaining  this  point,  that  I  did  humbly  beg 
his  royal  highness  to  give  me  leave  to  put  the 
parliament  upon  making  an  Address  to  the 
king,  that  his  majesty  would  be  pleased  to  put 
the  fleet  into  the  hands  of  his  royal  highness, 
as  the  only  person  likely  to  have  a  good  account 
of  so  important  a  charge  as  that  was  to  the 
kingdom  ;  and  shewed  his  royal  highness  such, 
reasons  to  persuade  him  that  we  could  carry  it, 
that  he  agreed  iviib  roe  in  it,  that  he  believed  we 
could.  Yet  others  telling  him  how  great  a 
damage  it  would  be  to  him,  if  he  should  miss 
in  such  an  undertaking  (which  for  my  part  I 
could  not  then  see,  nor  do  I  yet),"  he  was  pre- 
vailed upon  not  to  venture,  though  he  was  per- 
suaded he  could  carry  it.  I  did  communicate 
this  design  of  mine  to  M.  Rouvigny,  who  agreed 
with  me,  that  it  would  be  the  greatest  advantage 
imaginable  to  his  master,  to  have  the  Duke's 
power  and  credit  so  far  advanced  as  this  would 
certainly  do,  if  we  could  compass  it :  I  shewed 
him  all  the  difficulty  we  were  like  to  meet  with, 
and  what  helps  we  should  have  ;  but  that  we 
should  want  one  very  material  one,  money,  to 
carry  on  tbe  work  as  we  ought ;  and  therefore 
I  do  confess,  I  did  shamefully  beg  his  master's 
help,  and  would  willingly  have  been  in  ever* 
lasting  disgrace  with  all  the  world,  if  I  had  uot 
with  that  assistance  of  20,000/.  sterling,  which 
perhaps  is  not  tbe  tenth  part  of  what  was  spent 
on  the  other  side,  made  it  evident  to  tbe  Duke, 
that  he  could  not  have  missed  it.  M.  Rou* 
vigny  used  to  tell  me,  That  if  he  could  be  sure 
of  succeeding  in  that  design,  his  master  would 
give  a  very  much  larger  sum,  but  that  he  was 
not  in  a  condition  to  throw  away  money  upon 
uncertainties.  I  answered,  That  nothing  of 
that  nature  could  be  so  infallibly  sure,  as  not 
to  be  subject  to  some  possibilities  of  failing  ; 
but  that  I  durst  venture  to  undertake  to  make 
it  evident,  that  there  was  as  great  an  assurance 
of  succeeding  in  it,  as  any  husbandman  can 
have  of  a  crop  in  harvest  who  sows  his  ground, 
in  its  due  seasoo  ;  and  yet  it  would  be  counted  a. 
very  imprudent  piece  of  wariness  in  any  body, 


45] 


STATE  TRIALS,  30Charlb*  II.  1678— /or  High  Treaton. 


[46 


to  scrapie  Che  venturing  of  so  ranch  seed  in  its 
proper  time,  because  it  is  possible  it  may  be 
totally  lost;  and  no  benefit  of  it  found  in  har- 
vest :  he  that  minds  the  winds  and  the  rains  at 
that  rate,  shall  neither  sow  nor  reap*  I  take 
oar  case  to  be  much  the  same  as  it  was  the  last 
sessions  :  If  we  can  advance  the  Duke's  inte- 
rest one  step  forward,  we  shall  put  him  oat  of 
the  reach  of  chance  for  ever  ;  for  he  makes 
such  a  figure  already,  that  cautious  men 
do  not  care  to  act  against  him,  nor  always  with- 
out him,  because  they  do  not  see  that  he  is 
much  outpowered  by  his  enemies;  yet  is  he  not 
at  such  a  pitch,  as  to  be  quite  out  of  danger,  or 
free  from  opposition :  But  if  he  could  gain  any 
considerable  new  addition  of  power,  all  would 
come  over  to  him  as  the  only  steady  center  of 
oar  government,  and  nobody  would  contend 
with  hhn  farther.  Then  would  catholics  be 
at  rest,  and  his  most  Christian  majesty's  inte- 
rest secured  with  as  in  England  beyond  all  ap- 
prehensions whatsoever. 

"  In  order  to  this*  we  have  two  great  Designs 
to  attempt  this  nest  sessions.  First,  tWt  which 
we  were  about  before,  viz.  To  put  the  parlia- 
ment upon  making  it  their  humble  request  to 
the  king,  that  the  Fleet  may  be  put  into  his 
royal  bigbuess's  care.  Secondly,  to  get  an  Act 
for  general  Liberty  of  Conscience.  I  f  we  carry 
these  two,  or  either  of  them,  we  shall  in  effect 
do  what  we  list  afterwards;  and  truly,  we  think 
we  do  not  undertake  these  great  points  very  un- 
reasonably, but  that  we  have  good  cards  for  our 
game ;  not  bat  that  we  expect  great  opposition, 
and  have -great  reason  to  beg  all  the  assistance , 
we  can  possibly  get ;  and  therefore,  if  his  most 
Christian  majesty  would  stand  by  us  a.  Ihtle  in 
this  conjuncture,  and  help  us  with  such  a-  sum 
as  20,000/.  sterling  (which  is  no  very  great  mat- 
ter to  venture  npon  such  an  undertaking  as  this), 
I  would  be  content  to  be  sacrificed  to  the  ut- 
most malice  of  my  enemies,  if  I  did  not  succeed. 
I  have  proposed  this  several  times  to  M.  Rou- 
vigny,  who  seemed  always  of  my  opinion  ;  and 
has  often  told  me,  that  he  has  writ  into  France 
upon  this  subject,  and  has  desired  me  to  do  the 
fake:  bet  I  know  no.t  whether  he  will  be  as  zea- 
lous in  that  point  <fs  a  Catholic  would  be  ;  be- 
cause our  prevailing  in  these  things  would  give 
the  greatest  blow  to  the  Protestant  religion 
here,  that  ever  it  received  since  its  birth ;  which 
perhaps" he  would  not  be  very  glad  to  see;  espe- 
cially when  he  believes  there  is  another  way  of 
doing  his  master's  business  well  enough  without 
k;  which  is  by  a  dissolution  of  the  parliament; 
upon  which  I  know  he  mightily  depends,  and 
concludes,  tbat  if  that  come  to  be  dissolved,  it 
will  be  as  much  as  he  needs  care  for ;  proceed - 
hit  perhaps  upon  the  same  manner  of  discourse 
which  we  had  this  time  12  months.  But  with 
submission  to  bis  better  judgment,  I  do  think 
that  oar  case  is  extremely  much  altered  to  what 
k  was,  in  relation  to  a  dissolution ;  for  then  the 
body  of  oor  governine  ministers  (all  but  the  earl 
at  Arlington)  were  entirely  united  to  the  duke ; 
aad  woatd  have  governed  his  way,  if  they  had 
been  free  from  all  fear  and  controul,  as  they 


had  been,  if, the  parliament  had  been  removed* 
But  they  having  siuce  tbat  time  engaged  in 
quite  different  counsels,  and  .embarked  them* 
selves  and  interests  upon  other  bottoms,  having 
declared  themselves  against  popery,  &c.  To 
dissolve  the  parliament  simply,  and  without  any 
other  step  made,  will  be  to  leave  them  to  go- 
vern what  way  they  list,  which  we  have  reason 
to  suspect  will  be  to  the  prejudice  of  Franca 
and  Catholic  religion.  And  their  late  declarsv* 
tions  and  actions  nave  demonstrated  to  us^  tbat 
they  take  that  for  the  most  popular  way  for 
themselves,  and  likeliest  to  keep  them  in  abso- 
lute power ;  whereas,  if  the  duke  should  once 
get  above  them  (after  the  tricks  they  have  play* 
ed  with  him)  they  are  not  sure  he  will  totally 
forget  the  usage  he  has  had  at  their  hands  : 
therefore  it  imports  us  now  to  advauco  our  in- 
terest a  little  further,  by  some  such  project  as  I 
have  named,  before  we  dissolve  the  parliament; 
or  else,  perhaps,  we  shall  but  change  masters  (a 
parliament  for  ministers),  and  continue  still  in 
the  same  slavery  and  bondage  as  before.  Bot 
one  such  step  as  I  have  proposed,  being  well 
made,  we  may  safely  see  them  dissolved,  and 
not  fear  the  ministers ;  but  shall  be  established, 
and  stand  firm  without  any  opposition  ;  for 
every  bod v  will  then  come  over  to  us,  and  wor- 
ship the  rising  sun. 

■ "  I  have  here  given  you  the  history  of  three 
years,  as  short  as  I  could,  though  I  am  afraid  it 
will  seem  very  long  and  troublesome  to  your 
reverence,  among  the  multitude  of  affairs  you 
are  concerned  in :  I  have  also  shewn  you  the 
present  state  of  our  case,  which  may  (by  God's 
providence,  and  good  conduct)  be  made  of  such 
advantage  to  God's  church ;  that  for  my  part.  I 
can  scarce  believe  myself  awake,  or  the  thing 
real,  when  I  think  on  a  prince  in  such  an  age 
as  we  live  in,  converted  to  such  a  degree  of  zeal 
and  piety,  as  not  to  regard  any  thing  in  the 
world  in  comparison  of  God  Almighty's  glory, 
the  salvation  of  his  own  soul,  and  the  conver- 
sion of  our  poor  kingdom ;  which  has  been  a 
long  time  oppressed,  and  miserably  harassed 
with  heresy  and  schism.  I  doubt  not  but  yoar 
reverence  will  consider  our  case,  and'take  it  to 
heart,  and  afford  us  what  help  you  can;  both 
with  the  king  of  heaven,  by  your  holy  prayers-, 
and  with  his  most  Christian  majesty,  by  that 
great  credit  which  you  most  justly  have  with 
him.  And  if  ever  his  majesty's  affairs  (or  your 
own)  can  want  the  service  of  so  inconsiderable 
a  creature  as  myself,  you  shall  never  find  any 
body  readier  to  obey  your  commands,  or  faith- 
fuller  in  the  execution  of  them,  to  the  best  of 
his  power,  than  your  most  humble  and  obedient 
servant."   ' 

Att.  Gen.  That  I  may  make  things  clear, 
as  much  as  possible ;  you  see,  here  is  a  letter 
prepared  to  be  sent,  writ  with  Mr.  Coleman's 
own  hand,  to  M.  la  Chaise:  This  letter  bears 
date  the  29th  of  September.  We  have  an  An- 
swer to  it  from  Paris,  October  23,  whereby  M. 
la  Chaise  owns  the  receipt  of  this:  and, in  this 
Answer  is  expressed  thanks  to  Mr.  Coleman  for 
his  long  Jetter.  Sir  Robert,  Fray  tell  how  you 
came  by  this  Letter. 


fltfj  STATE  TRIAI&  30  OuitftES  II.  l&l$.-~Trial  tf  Edward  Cokman,         £48 

which  we  have  given  most  signal  testimonies, 
even'  to  the  stripping  ourseif  of  many  royal  pre- 
rogatives which  our  predecessors  enjoyed,  and 
were  our  undoubted  due;  as  the  court  of 
wards,  purveyances,  and  other  things  of -great 
value;  and  denying  to  ourseif  many  ndvnn* 
tages,  which  we  might  reasonably  and  legally 
ha«e  taken  by  the  forfeitures  made  in  the  times 
of  rebellion,  and  the  great  revenues  doe  to  the 
Church  at  our  return,  which  no  particular  pen* 
son  had  any  right  to;  instead  of  which,  we 
consented  to  nn  act  of  oblivion  of  all  those 
barbarous  usages  which  our  >  royal  father  and 
ourseif  had  met  withal,  much  more  full  and 
gracious  than  almost  any  of  our  subjects,  who 
were  generally  become  in  some  measure  or 
other  obnoxious  to  the  laws,  had  confidence  t* 
ask ;  and  freely  renounced  all  our  title  to  the 
profit  which  we  might  have  made  by  the  church 
lands,  in  favour  of  our  bishops  and  otlier  ec- 
clesiastical ministers,  out  of  our  zeal  to  the 
glory  of  our  Protestant  Church;  which  cle- 
mency towards  all,  and  some  even  high  offen- 
ders, and  zeal  for  religion,  we  have  to  this  day 
constantly  contioued  to  exercise.  Considering 
all  this,  we  cannot  but  be  sensibly  afflicted  to 
see,  that  the  frowaidoess  of  some  few  tumul- 
tuous  heads  should  be  able  to  infect  our  loyal 
and  good  people  with  apprehensions  destructive 
of  their  own,  and  the  general  quiet  of  our  king- 
dom; and  more  especially,  tlieir  ptrversneat 
should  be  powerful  enough  to  distract  our  very 
parliament,  and  such  a  parliament,  as  has  given 
us  such  testimonies  of  its  loyalty,  wj»dt>oi,  and 
bounty,  and  to  which  we  have  given  as  mans; 
marks  of  our  affection  and  esteem,  so  as  to 
make  them  misconstrue  ail  our  endeavours  for 
to  preserve  our  people  in  ease  and  prosperity, 
and  against  all  reason  and  evidence  to  repre- 
sent them  to  our  subjects  as  arguments  of  fear 
aud  disquiet;  and  under  these  specious  pre- 
tences of  securing  property  and  religion,  to  de- 
mand unreasonable  tilings,  manifestly  destruc- 
tive of  what  they  would  be  thought  Co  arm  at ; 
and  from  our  frequent  condescensions,  out  ef 
our  mere  grace,  to  grant  them  what  we  con- 
ceived might  give  them  satisfactian,  though  tt> 
the  actual  prejudice  vf  our  .royal  prerogative, 
to  make  tlietu  presume  to  propose  to  advance 
such  extravagancies  into  laws,  as  they  them- 
selves have  formerly  declared  detestable ;  of 
which  we  cannot  forbear  to  give  our  truly  loyal 
subjects  some  instances,  to  undeceive  our 
innocent  and  well- minded  people,  who  have 
many  of  them  of  late  been  too  easily  misled, 
by  the  -factious  endeavours  of  gome  turbulent  • 
spirits.  For  example,  We  having  judged  it 
necessary  to  declare  war  against  the  States  of 
Holland,  during  a  recess  of  parliament,  which 
we  could  not  defer  longer,  without  losing  an 
advantage  which  then  presented  itself,  nor  bane 
done  sooner,  without  exposing  our  honour  to  -a 
potent  enemy  without  due  pfeparati'tn,  we 
thought  it  prudent  to  unite  all  our  mbjeets  at 
home,  and  did  believe  a  general  indulgence  «f 
tender  consciences*  the  most  proper  expedient 
to  effect  it;  *nd  tberefoiedid  by  oar  authoriry 


Sir  'Bon.  tioutJiamlL  I  found  this  Letter  in 
Air.  Coleman's  .canvas  hag;  ailer  .we  had  once 
-looked  over  the  letters,  we  found  it:  -sir  Philip 
Xloyd  examined  it;  and  we  looked  over  those 
.papers  very  exactly.  Because  the  House  of 
^Commons  wire  very  much  concerned,  and 
thought  those  papers  were  not  thoroughly  exa- 
. mined,  I  reviewed  tbem  again.  This  Letter 
.was  found  on  Sunday  following  after  the  papers 
avere  seized 

AM.  Gen.  Sir  Robert  Southwell,  I  pray  lead 
•the  Letter  in  French  first  to  the  court.  Sir 
Robert  having  read  the  letter  in  French,  Mr. 
Attorney  desired  him  to  read  it  in  English.  Sir 
•Robert  read  it  in  English :  The  letter  was  dated 
Paris,  Oct.  23,  1675.  And  subscribed,  "  Your 
most  humble  and  obedient  Servant,  D.  L.  C." 
at  the  bottom. 

The  Letter. 

"  Sir ;  "  From  Paris,  Get.  *3, 1675. 

€i  The  letter  which  you  gave  yourself  the 
trouble  to  write  to  me,  came  to  my  hands  but 
the  last  night,  I  read  it  with  great  satisfac- 
tion ;  -and  I  aisure  you,  that  its  length  did  not 
make  it  seem  tedious.  I  should  be  very  glad 
on  my  part  to  assist  in  seconding  your  good 
intentions;  I  will  consider  of  the  means  to 
effect  it ;  and  wheu  I  am  better  informed  than 
I  am  as  yet,  I  will  give  you  an  account :  to  the 
end  I  may  hold  intelligence  with  you,  as  you 
did  with  my  predecessor.  I  desire  you  to  be- 
lieve that  I  will  never- fail  as  to  my  good  will, 
for  the  service  of  your  master,  whom  I  honour 
as  much  as  he  deserves ;  and  that  it  is  with 
great  truth  that  I  am  your  most  humble  and 
most  obedient  Servant,  "  D.  L.  C." 

Att.  Gen.  We  made  mention  of  a  Decla- 
ration :  By  his  long  narrative  it  plainly  ap- 
pears, that  Mr.  Coleman  would  have  had  ano- 
ther parliament.  And  the  reason  why  he  was 
'  pleased  to  publish  a  Declaration,  was,  thereby 
to  shew  the  reasons  for  its  dissolution.  Sir 
Philip  Lloyd,  did  you  find  this  writing  among 
Mr.  Coleman's  papers  ? 

Sir  P.  X.    1  did  find  ft  among  his  papers. 

Att.  Gen.    Pray  read  the  Declaration. 

Clerk  of  the  Crown  reads  the  Declaration. 

The  Declaration  which  Mr.  Coleman  pre- 
pared, thereby  shewing  his  lieasons  for 
the  Dissolution  of  the  Parliament. 

"  We  having  taken  into  our  serious  consi- 
deration the  heats  and  animosities  which  have 
of  late  appeared  among  many  .of  our  ^ery  loyal 
and  laving  subjects  of  this  kingdom,  end  the 
many  fears  and  jealousies  which  some  of  them 
aeem  to  lie  under,  of  having  their  .liberties  and 
properties  invaded,  or  their  seugion  altered; 
and  withal,  carefully  'reflecting  upon  our  own 
government  since  our  .happy  fteatoratiiui,  and 
.the  end  and  aim  of  it,  which  has  aUrays  been 
the  ease  and  security  of  our  people  in  all  their 
eights,  and  advancement  of  ike  beauty  and 
etuender  of  the  true  Protestant  religion  esta- 
hhshfd  in  lh*  Churob  x>f  £nglaad;  of  both 


«\ 


STATS  TRIALS,  SO  Chaju.es  IL  1678.^/br  H$k  Treaton. 


f30 


want   we 


*rh*nh 

did, 


thought  sufficient  to 
Buepeud  penal  laws 
tnatt  dissenter*  in  religion,  upon  conditions 
ssstcntd  in  oar  Declaration*  out  of  reason  of 
late,  as  well  aa  to  gratify  our  owa  nature, 
abrcb  always,  we  confess,  abhorred  rigor,  espe* 
dally  in  tengpou,  when  tenderness  might  be  as 
nefui.  After  we  hod  engaged  in  the  war,  we 
prorogued  one  parliament  front  April  to  Octo- 
ber, being  cooudent  we  should  be  able  by  that 
to  shew  our  people  such  success  of  our 
as  should  make  them  cheerfully  contri* 
bote  to  oar  charge.  At  October  we  could 
sate  shewn  them  success  even  beyond  our  own 
James,  or  what  they  could  poasiUy  expect ;  our 
enemies  having  lost  by  that  time,  near  100 
strong  towns  and  forts,  taken  in  effect  by  us, 
we  holding  them  busy  at  sea,  whilst  our  allies 

Ives?  of  their  land*,  with  little 
and  of  which,  (he  great  ad* 
rould  most  visibly  have  been  ours,  had 
•at  the  sends  we  now  complain  of,  which  have 
since  unhappily  started,  and  factiously 
by  some  few,  disunited  our  people, 
oor  councils,  and  rendered  our  late 
ivoonV  vain-  and  fruitless ;  so  that  we  had 
in  to  doubt  of  our  people's  ready  and 
roncarrence  to  our  assistance  in  that 
ooajttactore.  Yet  our  enemies  proposing  to  ns 
at  that  time  a  treaty  for  peace,  which  we  were 
ahvays  ready  to  accept  upon  honourable  terms ; 
esd  considering  with  oiirseif,  that  in  case  that 
tieaty  succeeded,  a  for  less  sum  of  money 
would  serve  our  occasions,  than  otherwise 
woeJd  he  necessary  :  We,  out-  of  oor  tender 
segprd  to  the  ease  of  oar  people,  prorogued  our 
it  again  to  February,  to  attend  the 
of  oax  treaty,  rather  than  to  demand 
in  October,  as  would  be  fit  to 
carry  aa  rise  war.  But  we  soon  finding  that 
did  not  intend  us  any  just  satis- 
a  necessity  of  prosecuting  the  war, 
w  designed  to  do  most  vigorously ;  and 
ta  aider  to  it,  resolved  to  press  our  parliament 
co  ■■paly  no  as  speedily  as  may  be,  to  enable 
aa  to  pat  our  fleet  to  sea  early  in  the  spring, 
wnicei  would  after,  their  meeting  grow  on  apace. 
And  being  informed  that  many  members  were 
dead  daring  the  long  recess,  we  issued  out  our 
writ*  lor  new  elections,  that  oar  House  of  Com- 
be full  at  the  first  opening  of  the 
_  to  prevent  any.  delay  in  our  public  at- 
or  dislike  in  pur  people,  as  might  possibly 
riteo  from  the  want  of  so  great  a  number 
of  their  representatives,  if  any  thing  of  moment 
aJseaid  be  concluded  before  it  had  been  supplied. 
saariae;  governed  our  actions  all  along  with  snch 
caretaT  respect  to  the  ease  of  our  subjects,  we 
at  rJse  meeting  of  our  parliament  in  February 
!£?£,  expected  from  them  some  suitable. ex- 
of  their  sense  of  our  favours ;  btft 
r,  found  ourself  alarmed  with  cto- 
complaints  from  several  cabals  against 
sfl  om*  procexdiagt,  frightim*  tattia  of  oor  good 
■■sytMjta  kuoatzana*  a*aceii»  brwhiuvthey.  roust 
Jstksnr,  by  th«t>  «euidoas  and  faJse  construe* 
oaue/what  we  bwrf?S*  candwlry  aaai'«0ccssty 

?Ol»  T1U 


done  for  their  good;  and  surprised  wit*  a  vote? 
of  our  House  of  Commons,  against  our  writs* 
of  ejections,  which  we  intended  for  their  satis- 
faction*, against  many  precedents  of  ours,  or 
without  any  colour  of  law  of  their  side^  denying 
our  power  to  issue  out  such  writs  addressing  to 
us  to  i*sue  out  oihers :  which  we  consented  to  do 
at  their  request,  choosing  rather  to  yield  to  our 
subjects  in  that  point,  than  to  be  forced  to  sub- 
mit to  our  enemies  in  others ;  hoping  that  our 
parliament  being  sensibly  touclied  with  that  oar 
extraordi  nary  condescension,  wo uldgo  on  to  con* 
sider  the  public  concern  of  the  kingdom,  with* 
out  any  further,  to  do:  but  we  found  another  use 
of  our  so  easy  compliance,  which  served  to  en- 
courage them  to  ask  more ;  soi  hat  8900  aftferwe 
found  our  declaration  for  indulging  tender  con- 
sciences arraigned  and  voted  illegal;  though  wo 
cannot  to  this  day  understand  the  coosisteaeiee 
of  that  vote,  with  our  undoubted  supremacy  id  ait 
ecclesiastics,  recognized  by  so  many  acts  ofnar- 
liament,  and  required  to  be  sworn  to  by  oil  our 
subjects*  and  addresses  made  to  0s  one  al  tier  aso* 
titer  to  recal  it,  which  we  condescended  to  also; 
from  hence  they  proceeded  to  us  to  weaken 
ourself  in  an  actual  war,  and  to  render  many* 
of  our  subjects,  of  whose  loyally  and  ability  wn 
were  well  satisfied,  incapable  to  $erve  ns,  whets 
we  wanted  officers  and  soldiers,  and  had  reason 
to  invite  as' many  experienced  men  as  we  eouM 
to  engage  in  our  arms,  rather  than  to  ittcepa* 
citate  or  discourage  any ;  'yet  this  also  we  gra- 
tified them  in,  to  gain  tlieir  assistance  against 
our  enemies,  who  grew  high  by  these  our  dif- 
ferences, rather  than  expose  our  country,  to 
their  power  and  fury;  hoping  that  in  thneioor 
people  would  be  confounded  to  see  our  coades* 
sions,  and  be  ashamed  of  their  errors  in  making 
such  demands.  But  finding  the  unfortunate 
effects  of  our  divisions  the  following  summer, 
we  found  our  parliament  more  extravagant  at 
the  next  meeting  than  erer,  addressing  to  us  to 
binder  the  consummation  of  our  dear  brother's 
marriage,  contrary  to  the  law  of  God,  waiob 
forbiddeth  any  to  separate  any  whom  he  hath 
j oined*  against  our  faith  and  honour  engaged  in 
the  solemn  Treaty,  obstinately  persisting  in  that 
Address,  after  we  had  acquainted  then),  that 
the  marriage  was  then  actually  ratified,  and  that 
we  had  acted  in  it  by  our  ambassador  ;  so  that 
we  were  forced  to  separate  them  for  a  while, 
hoping  they  would  bethink  themselves  better 
at  their  meeting  in  January.  Instead  of  being 
more  moderate,  or  ready  to  consider  our  want*, 
towards  the  war ;  they  voted,  as  they  had  done 
before,  not  to  assist  us  still,  until  their  religion- 
were  effectually  secured  against  popery,  ag*. 
grievances  redressed,  and  all  obnoxroas  men 
removed  from  us ;  which  we  bad  reason  to  take 
for  an  absolute  denial  of  all  aid;  considering  the* 
indent] iteness  of  what  was  to  proceed*,  and  the 
moral  impossibility  of  effecting  it  in  their  senses  > 
for  when  will  they  say  their  religion  isefiboteally 
secured  from  popery,  if  it  were  in  danger  then^ 
by  reason  of  the  insolency  of  papists ;  when 
our  House  of  Commons,  which  is  made  np  06 
members  from  every  corner  of  our  kingdom* 
E 


51)  STATE  TRIALS,  30  Charles  II  1678.-7™/  qf  Edward  Coleman,  [52 


with  invitations  publicly  posted  up  to  all  men 
to  accuse  theui,  has  not  yet  in  so  tnanj  years 
as  they  have  complained  of  them,  been  able  to 
charge  one  single  member  of  that  communion, 
'  with  so  much  as  a  misdemeanor?  Or  what  se- 
curity could  they  possibly  expect  against  that 
body  of  men,  or  their  religion,  more  then  we 
had  given  them  ?  or  how  can  we  hope  to  live 
so  perfectly,  that  study  and  pains  may  not  make 
a  collection  of  grievances,  as  considerable  as 
that  which  was  lately  presented  to  us,  than 
which  we  could  not  have  wished  for  a  better 
vindication  of  our  government?  or  when  shall 
we  be  sure  that  all  obnoxious  men  are  re- 
moved from  us,  when  common  fame  thinks  fit 
to  call  them  so ;  which  is  to  every  body,  with- 
out any  proof,  sufficient  to  render  any  man  ob- 
noxious, who  is  popishly  affected,  or  any  thing 
else  that  is  ill,  though  tliey  have  never  so  often 
or  lately  complied  with  their  own  tests,  and 
marks  of  distinction  and  discriminations?  find- 
ing our  people  thus  unhappily  disordered,  we 
taw  it  impossible  to  prosecute  the  war  any 
longer;  and  therefore  did  by  their  advice  make 
a  peace  upon  such  conditions  as  we  could  get ; 
hoping  that  being  gratified  in  that  darling  point 
they  would  at  least  have  paid  our  debts,  and 
enabled  us  to  have  built  some  ships  for  the  fu- 
ture security  of  our  honour,  and  their  own  pro- 
perties ;  but  they  being  transported  with  tlieir 
success  in  asking,  were  resolved  to  go  on  still 
that  way)  and  would  needs  have  us  put  upon 
the  removing  of  our  judges  from  those  charges, 
which  they  have  always  hitherto  held  at  the 
will  and  pleasure  of  the  crown,  out  of  our  pow- 
er to  alter  the  ancient  laws  of  trying  of  peers, 
and  to  make  it  a  premunire  in  our  subjects  (in 
a  case  supposed)  not  to  fight  against  ourself; 
nay,  some  had  the  heart  to  ask,  that  the  here- 
ditary succession  of  our  crown  (which  is  the 
foundation  of  all  our  laws)  should  be  changed 
into  a  sort  of  election,  they  requiring  the 
heir  to  be  qualified  with  certain  conditions 
to  make  him  capable  of  succeeding;  and 
outdoing  that  Popish  doctrine,  which  we 
have  so  long  and  so  loodly  with  good  reason 
decried,  that  heresy  incapacitates  kings  to 
reign.  They  would  have  had,  that  the  heir  of 
the  crown,  marrying  a  papist,  though  he  con- 
tinued never  so  orthodox  himself,  should  forfeit 
his  right  of  inheritance ;  not  understanding  this 
paradoxical  way  of  securing  religion  by  destroy- 
ing it,  as  this  would  have  done  that  of  the 
church  of  England,  which  always  taught  obe- 
dience to  their  natural  kings,  as  an  indispen- 
sable duty  in  all  good  christians,  let  the  reli- 
gion or  deportment  of  their  prince  be  wliat  it 
wjU ;  and  not  knowing  how  soon  that  impe- 
diment, which  was  supposed  as  sufficient  to 
keep  out  an  heir,  might  be  thought  as  lit  to 
removo  a  possessor:  And  comparing  that  bill 
which  woukl  have  it  a  premunire  in  a  sheriff 
not  to  raise  the  Pone  Comitatui,  against  our 
commission  in  a  case  there  supposed,  though 
we  ourself  should  assist  that  our  commission  in 
oar  person  :  For  not  being  excepted  is  implied 
w ith  the  other  made  by  this  very  parliament  in 


the  14th  year  of  our  reign,  which  all  our  sub- 
jects, or  at  least  many  ofthem,  were  oWliged  to 
swear  (vis.  That  the  doctrine  of  taking  up  arms 
by  the  king's  authority,  agaiust  bis  person,  was) 
detestable) ;  and  we  soon  found  that  the  design 
was  levelled  against  the  good  Protestant  reii* 
gion  of  our  good  church,  which  its  eoemies  had 
a  mind  to  blemish,  by  sliding  in  slily   those 
damnable  doctrines,  by  such  an  authority  as 
that  of  our  parliament,  into  the  profession  of 
our  faith  or  practices,  and  so  expose  our -whole 
religion  to  the  scoru  and   reproach  of  them* 
selves,  and  ail  the  world :  We  therefore  thought 
it  our  duty  to  be  so  watchful  as  to  prevent  the 
enemies  sowing  such  mischievous  tares  as  these, 
in  thex  wholesome  field  of  our  church  of  Bng* 
land,  and  to  guard  the  unspotted  spouse  of  oar 
blessed  Lord  from  that  foul  accusation  with 
which  she  justly  charges  other  churches,    of 
teaching  their  children  loyalty,  with  so  many 
reserves  and  conditions,  that  they  shall  never 
want  a  distinction  to  justify  rebellion ;  nor  a 
text  of  scripture,  a»  good  as  Curse  ye  Meroc, 
to  encourage  them  to  be  traitors :  Whereas  oar 
truly  reformed  church  knows  no  such  sub  tH  ties; 
but  teaches  according  to  the  simplicity  of  Chris- 
tianity, to  submit  to  every  ordinance  of  man  for 
God's  sake,  according  to  the  natural  signification 
of  the  words,  without  equivocation  or  artificial 
turns.    In  order  to  which,  having  thought  to 
dissolve  that  body,  which  we  have  these  many 
years  so  tenderly  cherished,  and  which  we  are 
sure  consists  generally  of  most  dutiful  and  loyal 
members,  we  were  forced  to  prorogue  our  par- 
liament till  November  next,  hoping  thereby  to 
cure  those  disorders,  which  have  been  sown 
among  the  best  and  loyalest  subjects  by  a  lew 
malicious   incendiaries.      But    understanding 
since,  that  such  who  have  sowed  that  seditions 
seed,  are  as  industriously  careful  to  water  it  by 
their  cabals,    and  emissaries,   instructed    on 
purpose  to  poison  our  people  with  discourses  in 
public  places,  in  hopes  of  a  great  crop  of  con* 
fusion,  their  beloved  fruit,  the  next  sessions; 
we  have  found  it  absolutely  necessary  to  dis- 
solve our  parliament,  though  with  great  retuct- 
ancy  and  violence  to  our  inclination  :  But  re- 
membering the  days  of  our  royal  father,  and 
the  progress  of  affairs  then,  how  from  a  cry 
against  popery  the  people  went  on  to  complain 
of  grievances,  and  against  evil  counsellors  and 
his  majesty's  prerogative;  until  they  advanced 
into  a  formal  rebellion,  which  brought  forth  the 
most  direful  and  fatal  effects  that  ever  were  yet 
heard  of  amongst  any  men,  christians  or  others ; 
and  withal,  finding  so  great  a   resemblance 
between  the  proceedings  thenand  now,  that  they 
seem  both  broth  of  the  same  brains  i  And  being 
confirmed  in  that  conceit,,  by  observing  the  ac- 
tions of  many  now,  who  bad  a  great  share  in 
the  former  rebellion,  and  their  seal  for  religion 
who  by  their  lives  gave  as  too  much  reason  to 
suspect  they  have  none  at  all ;  we  thought  it 
not  sale  to  dally  too  long,  as  our  Uoyal  Father 
did,  with  submissions  and  condescensions,  en* 
deavouring  to  cure  men  infected,  without  re- 
moving them  from  the  air  where  they  got  the 


*J 


STATE  TttlALS,  50  Chari.es  II.  itfTS.-^br  High  Treason. 


M 


disease,  and  io  which  it  still  rages  and  increases 
daily.  For  fear  of  meeting  with  no  better 
success  than  be  found  io  suffering  bis  parlia- 
ment to  challenge  power  they  bad  nothing  to  do 
with,  till  they  bad  bewitched  the  people  into 
sond  desires  of  such  things  as  quickly  destroyed 
both  kins*  and  country,  which  in  us  would  [be] 
an  intolerable  error,  having  been  warned  so  late- 
ly by  the  most  execrable  murder  of  our  Royal 
Father,  and  the  inhuman  usage  which  we  our 
self  in  our  royal  person  and  family  have  suffer- 
ed, and  our  loyal  subjects  have  endured,  by 
soch  practices ;  and  Jest  this  our  great  care  of 
this  oar  kingdom's  quiet,  and  our  own  honour 
and  safety,  should,  as  our  best  actions  hi  then  o 
have  been,  be  wrested  to  some  sinister  sense 
and  arguments  be  made  frum  it  to  scare  our 
tpod  people  into  any  apprehensions  of  an  ar- 
bitrary government  either  in  church  or  state: 
We  do  hereby  solemnly  declare  and  faithfully 
engage  our  royal  word,  that  we  will  in  no  case 
either  ecclesiastical  or  civil,  violate  or  alter  the 
known  la«s  of  our  kiogdom,  or  invade  any 
sun's  property  or  liberty  without  due  course 
of  a\w :  But  that  we  will  with  our  utmost  en- 
deavours preserve  the  true  Protestant  Religion, 
sad  redress  all  such  things  as  shall  indifferently, 
and  without  passion,  be  judged  grievances  by 
our  next  parliament,  which  we  do  by  God's 
blessing  intend  to  call  before  the  end  of  Fe- 
bruary next.  Io  the  mean  time  we  do  strictly 
charge  and  command  all  manner  of  persons 
whatsoever,  to  forbear  to  talk  seditiously , 
shgbdj  or  irreverently  of  our  dissolving  of  the 
parliament,  of  this  our  declaration,  or  of  bur 
person  or  government,  as  they  will  answer  it 
at  their  perils ;  we  being  resolved  to  prosecute 
all  offenders  in  that  kind  with  the  utmost  rigour 
aad  severity  of  the  law.  And  to  the  end  that 
soch  licentious  persons,  if  any  shall  be  so  im- 
nodent  and  obstinate  as  to  disobey  this  our 
royal  command,  may  be  detected  and  brought 
to  doe  punishment,  we  have  ordered  our  Lord 
Treasurer  to  make  speedy  payment  of  twenty 
poaads  to  any  person  or  persons  who  shall  dis- 
cover or  bring  any  such  seditious,  slight  or 
irreverent  talker  before  any  of  our  principal 
secretaries  of  £tate.'f 

Recorder.  I  would  have  the  jury  should 
know  the  Declaration  ends,  "To  one  of  his 
majesty's  principal  secretaries  of  state;'  where- 
of be  hoped  to  be  one. 

Ait.  Gen.  This  is  written  in  the  name  of 
the  king;  for  Mr.  Coleman  thought  himself 
now  secretary  of  state,  and  he  pens  the  Decla- 
ration, for. the  king  to  give  an  account  why  the 
parliament  was  dissolved. 

Serj.  Mnynard.  The  long  letter,  it  appears, 
was  to  dissolve  the  parliament ;  and  to  make 
it  cock-sure,  be  provides  a  Declaration  to  shew 
the reason  of  it :  it  was  done  in  order  to  bring 
jb  popery ;  that  may  appear  by  the  subsequent 
proof. 

Ait.  Gen.    I  have  other  evidence  to  offer  to 

soar  lordship,  which  is,  That  Mr.  Coleman  was 

'sot  only  to  bold  as  to  prepare  a  Declaration  for 


the  king,  but  also  out  of  his  own  further  inge* 
nuity,  prepares  a  Letter  (contrary  to  the  duke  a 
knowledge;  for  the  duke,  which  before  several 
Lords  he  confessed ;  and  sir  Philip  Floyd  is 
here  ready  tojustify  it. 

Sir  PhHip  Floyd.  I  did  attend  a  Committee 
of  the  House  of  Lords  to  Newgate,  who  exa- 
mined Mr.  Coleman,  and  told  him  of  the  letter 
Mr.  Attorney  mentioneth  ;  he  then  confessed, 
that  it  was  prepared  without  the  order  and  pri- 
vity of  the  duke ;  and  when  he  was  so  bold. as 
to  shew  it  the  duke,  the  duke  was  very  angry 
and  rejected  it. 

L.  C.  J.  He  hath  been  a  very  forward  un- 
dertaker on  the  behalf  of  the  duke. 

Att.  Gen.    I  desire  the  Letter  may  he  read. 

The  Copy  of  the  Letter  written  to  M.  La  Chaise 
the  French  kings  Confessor;  which  Mr, 
Coleman  confessed  he  himself  wrote  and 
counterfeited  in  the  duke's  name. 

Clerk  of  the  Crown  reads  the  Letter. 

"  The  2d  of  June  last  past,  his  most  christian 
majesty  offered  me  most  generously  his  friend- 
ship, and  the  use  of  his  purse,  to  the  assist- 
ance against  the  designs  of  my  enemies  and 
his;  and  protested  unto  me,  that  his  interest 
and  mine  were  so  clearly  linked  together,  that 
those  that  opposed  the  one,  should  be  looked 
upon  as  enemies  to  the  other ;  and  told  me 
moreover  his  opinion  of  my  lord  Arlingtou, 
and  the  parliament ;  which  is,  That  he  is  of 
opinion  that  neither  the  one  nor  the  other  is 
in  his  interest  or  mine  :  And  thereupon  he  de- 
sired me  to  make  such  propositions  as  I  should 
think  fit  in  this  conjuncture. 

"  All  was  transacted  by  the  means  of  Fa- 
ther Ferrier,  who  made  use  of  Sir  William 
Throckmorton,  who  is  an  honest  man,  and  of 
truth,  who  was  then  at  Paris,  and  had  held  cor- 
respondence with  Coleman,  one  of  my  family, 
in  whom  I  have  great  confidence. 

"  I  was  much  satisfied  to  see  his  most  chris- 
tian majesty  altogether  of  my  opinion,  sol  made 
him  answer  the  29th  of  June,  by  the  same 
means  he  made  use  of  to  write  to  me,  that  is, 
by  Coleman,  who  addressed  himself  to  Father 
Ferrier  (by  the  forementioned  knight),  and  en- 
tirely agreed  to  his  most  christian  majesty,  as 
well  to  what  had  respect  to  the  union  of  oar 
interests,  as  the  unusefulness  of  my  lord  Arling- 
ton, and  the  parliament,  in  order  to  the  ser- 
vice of  the  king  my  brother,  and  his  most  chris- 
tian majesty ;  and  that  it  was  necessary  to 
make  use  of  our  joint  and  utmost  credits,  te 
prevent  the  success  of  those  evil  designs,  re- 
solved on  by  trie  lord  Arlington  and  the  pas* 
liament,  against  his  most  christian  majesty 
and  myself;  which,  of  my  side,  I  promise 
really  to  perform :  of  which,  since  that  time, 
I  have  given  reasonable  good  proof. 

"  Moreover  I  made  some  proposals,  which  I 
thought  necessary  to  bring  to  pass  what  we 
were  obliged  to  undertake,  assuring  him,  That 
nothing  could  so  firmly  establish  our  iu^rcst 
with  the  king  my  brother,  as  that  very  tame 


iS)         STATE  TRIALS,  36  Chakles  II.  1676 — Trial  tfEdxoord  Coleman,  (J5G 

Offer  of  the  help  of  his  purse;  by"  which1 
*neans-I  had  ranch  reason  to  hope  I  should  he 
enabled  to  persuade  to  the  dissolving  of  the 
parliament,  and  to  make  void  the  designs  of 
my  lord  Arlington,  who  works  incessantly  to 
advance  the  interest  of  the  prince  of  Orange 
and  the  Hollanders;  and  to  lessen  that  of  the 
khig  your  master,  notwithstanding  all  the  pro- 
testations he  bath  made  to  this  hour  to  render 
him  service. 

"  Bnt  as  that,  which  was  proposed,  was  at  a 
stand  by  reason  of  the  sickness  of  Father  Fer- 
rier,  so  our  affairs  suceeried  not  according  to 
Onr  designs  ;  only  Father  Ferrier  wrote  to  roe, 
the  15th  of  the  hit  tnonth,  That  he  had  com- 
municated those  propositions  to  his  most  chris- 
tian majesty,  and  that  they  had  been  very  well 
liked  or;  bat  as  they  contained  things  that  had 
regard  to  the  catholic  religion,  and  to  the  offer 
and  use  of  his  purse,  he  g:ue  me  to  understand 
he  did  not  desire  1  should  treat  with  M.  Riu- 
▼igny  upon  the  first,  but  c*  %o  the  last,  and  had 
the  same  time  acquainted  me,  that  M.  Kouvigny 
had  order  to  grant  mc  whatsoever  the  conjunc- 
ture of  our  affairs  did  require ;  and  have  ex- 
pected the  effects  of  it  to  this  very  hour:  But 
nothing  being  done  in  if,  and  seeing,  on  the 
other  hand,  that  my  lord  Arlington  and  seve- 
ral others  endeavoured  by  a  thousand  deceits 
to  break  the  good  intelligence  which  is  between 
the  king  my  brother,  his  most  christian  majesty, 
and  myself,  to  the  end  they  might  deceive  us  all 
three-;  i  have  thought  fit  to  advertise  you  of 
all  that  is  past,  and  desire  of  you  your  assist- 
ance and  friendship  to  prevent  the  rogueries 
of  those,  who  have  no  other  desim  than  to  be- 
tray the  concerns  of  France  and  England  al*o, 
and  who  by  their  pretended  service  are  the  oc- 
casion they  succeed  not. 

"  As  to  any  thing  more,  I  refer  you  to  u'r 
William  Throckmorton,  and  Coleman,  whom  I 
have  commanded  to  give  an  account  of  the 
whole  state  of  our  affair,  and  of  the  true  con- 
dition of  England,  with  many  others,  and  prin- 
cipally my  lord  Arlington's  endeavours,  to  re- 
present to  you  quite  otherwise  than  it  is. 

"  The  two  fi-st  I  mention  to  you  are  firm  to 
rav  interest,  so  that  you  may  treat  with  them 
without  any  apprehension." 

Serj.  Maynard.  Gentlemen  of  the  Jury,  pray 
observe  that  he  takes  upon  him  to  prepare  a 
letter,  and  that  in  the  duke's  name,  but  con- 
trary to  the  duke's  knowledge  or  privacy  ;  for 
When  he  had  so  much  boldness  as  to  tell  him  of 
it,  the  duke  was  angry,  and  rejected  it.  But  m 
it  we  may  see  what  kind  of  passages  there  are, 
he  takes  very  much  upon  him  in  this  matter. 
And  Mr.  Coleman  must  keep  the  secret  too. 

Att.  Gen.  My  Lord,  I  liare  but  one  paper 
more  to  read,  and  I  have  kept  it  till  the  la:*  ; 
fceeause  if  we  had  proved  nothing  by  witnes- 
ses, or  not  read  any  thing  but  thib,  this  one  let- 
ter is  sufficient  to  maintain  the  charge  against 
tifm  :  It  plainly  appears  to  whom  it  was  directed 
and  at  what  time.  It  begins  thus  (I  sent  Your 
reverence  a  tedious  long  letter  on  our  49th  of 
fpptember),     I  paly  mention   this,  to  shew 


about  what  time  it  was  sent.  There  are  som£ 
elauses  hrit  will  speak  better  than  I  can.  Sir 
Thomas  Doleman  and  air  Philip  Floyd'  swear 
he  hath  confessed  and  owned  it  to  be  his  hand- 
writing. 1  desire  the  letter  may  be  read. 

Clerk  of  the  Crown  reads  the  JUtter. 

"  Sir;  I  sent  jour  reverence  a  tedious  long 
letter  on  our  29th  Sept.  to  inform  you  of  the 
progress  of  affairs  for  these  two  or  three  last 
years;  I  having  now  again  the  opportunity  of  A 
very  sure  hand  to  convey  this  by,  T  have  sent 
you  a  cypher,  because  our  parliament  now) 
drawing  on,  I  may  possibly  nave  occasion  to 
send  you  something  which  you  may  be  willing 
enough  to  know,  and  may  be  necessary  for  us 
that  you  should,  when  wc  may  want  the  co ri- 
ven iency  of  a  messenger.  When  any  thing 
occurs  of  more  concern,  other  than  which  may 
not  be  fit  to  be  trusted  even  to  a  cypher  alone, 
I  will,  to  make  such  a  thing  more  secure,  write 
in  lemon  between  the  lines  of  a  letter,  which 
shall  have  nothing  in  it  viable,  but  what  I  care 
not  who  sees,  but  dried  by  a  warm  fire,  shaft 
discover  what  is  written ;  so  that  if  the  letter 
comes  to  your  hand*,  and  upon  drying  it  any 
thing  appears  more  than  did  before,  you  may 
be  sure  no  body  has  seen  it  hy  the  way.  I  will 
not  trouble  you  with  that  way  of  writing,  bu£ 
upon  special  occasions,  and  then  I  will  give 
you  a  hint  to  direct  you  to  look  for  it,  by  con- 
cluding my  visible  letter  with  something  of  fire^ 
or  burning,  by  which  mark  you  may  please  t<» 
know,  that  there  is  something  underneath,  and 
how  my  letter  is  to  be  used  to  find  it  out. 

"  Wc   have  here  a  mighty  work  upon  our 
hands,  no  less  than  the  conversion  of  three 
kingdoms,  and  by  that  perhaps  the  utter  sub- 
duing af  a  pestilent  heresy,  which  has  domi- 
neered over  great  part  of  this  Not  them  world 
a  long  time;  there  were  never  such  hopes  of 
(  success  since  the  death  of  our  queen  Mary,  as 
now  in  our  days:  When  God  has  given  us  .a 
prince,  who  is  become  (may  I  say  a  miracle) 
zealous  of  being  the  author  and  instrument  of 
so  glorious  a. work;  but  the  opposition  we  are 
sure  to  «nert  v.  ith,  is  aUo  like  to  he  great :  So 
that  it  imports  us  to  get  all  the  aid  and  assist- 
ance we  can,  for  the  harvest  is  great,  and  the 
labourers  but  few.    That  which  we  rely  upon 
most,  next  to  God  Almighty's  providence,  and 
the  favour  of  my  master  the  Duke,  is  the  mighty 
mind  of  his  most  Christian  majesty,  whose  ge- 
nerous soul  inclines  him  to  great  undertakings, 
which   being    managed    by    your   reverences 
exemplary  piety  and  prudence,  will  certainly 
make  him  .look  upon  this  as  most  suitable  to 
himself,  and  best  becoming  his   power   and 
thoughts ;  so  that  I  hope  you  will  pardon  me, 
if  I  be  very  troublesome  to  you  upon  this  occa- 
sion, from  whom  I  expect  the  greatest  help  we 
can  hope  for.    I  must  confess  I  think  his  Chris- 
tian majesty's  temporal  interest  is  so  much  at- 
tracted to  that  of  his  royal  highness  (which 
can  never  be  considerable,  hut  upon  the  growth 
and  advancement  of  the  catholic  religiou)  that 
his  ministers  cannot  give  him  better  advice, 


m 


STATE  TRTAUg,  30 


II.  I67%.~jkr  Higlk  Trea*M. 


(» 


even  in  a  politic  seme,  sfestrectmsz  from  the 
cowideratrons  of  the  next  world,  that  of  oar 
blessed  Lord,  '  to  seek  first  the  kingdom  of 
*  beaveo,  and  the  righteousness  tbeieo^that  all 
'  other  things  may  be  added  onto  him/  That 
{know  his  most  Christian  majesty  has  mora 
powerfhl  motives  suggested  to  him  by  his  own 
devotioo,  and  your  reverence's  seal  tbr  God's 
dory,  to  engage  htm  to  afford  os  the  best  help 
be  can  m  our  present  circumstances.  But  we 
are  a  little  unhappy  in  this,  that  we  cannot  press 
his  majesty  by  his  present  minister  here  upon 
these  Utter  arguments  (which  are  most  strong), 
hat  only  upon  the  first,  Mr.  Rouvigny's  sense 
sad  ours  differing  very  much  upon  them, 
though  we  agree  perfectly  upon  the  rest :  And, 
indeed,  though  be  be  a  very  able  man,  as  to  hit 
master's  service,  in  things  where  religion  is  not 
concerned ;  yet  I  believe  it  were  much  more 
happy  (considering  the  posture  he  is  now  in), 
that  his  temper  were  of  such  a  sort,  that  we 
might  deal  defer! y  with  him  throughout,  and 
not  be  forced  to  stop  short  in  a  discourse  of 
csBteqaeace,  and  leave  the  most  material  part 
oat,  because  we  know  it  would  shock  his  par- 
ticular opinion,  and  so  perhaps  meet  with  dis- 
fte  and  opposition,  though  never  so  necessary 
to  the  main  concern.  I  am  afraid  we  shall  find 
too  much  reason  for  this  cam  plaint  in  this  neat 
session  of  parliament ;  For  had  we  had  one 
here  from  his  most  Christian  majesty,  who  had 
taken  the  whole  business  to  heart,  and  who 
wouM  have  represented  the  state  of  our  case 
truly,  as  it  is,  to  his  master,  1  do  not  doubt  but 
ha  most  Christian  majesty  would  have  engaged 
bboseif  farther  iu  the  affair  than  at  present  I 
fear  be  has  done,  and  by  bis  approbation  have 
pea  such  coons*- 1*  as  have  been  offered  to  his 
TDjal  highness  bj  those  few  catholics  who 
have  access  to  him,  and  who  are  bent  to  serve 
fcua  tad  advancer  the  catholic  religion  with  all 
$eir  miglit,  and  might  have  more  credit  with 
fen  royal  highness  than  i  fear  they  have 
fcood,  and  have  assisted  them  also  with  his 
parse  as  far  as  10,000  crown9,  or  some  such 
Mm  (which  to  him  is  very  inconsiderable,  but 
would  have  been  to  them  of  greater  use  than 
can  be  imagined),  towards  gaining  others  to 
help  them,  or  at  least  not  to  oppose  them.  If 
*e  bad  been  so  happy  as  to  have  had  his  most 
Christian  majesty  wtth  us  to  this  degree,  I  would 
bare  answered  with  my  life  for  such  success 
thn  ttsuons,  as  would  have  put  the  interest  of 
the  catholic  religion,  his  royal  highness  and 
bniaost  Christian  majesty,  out  of  all  danger  for 
the  time  to  come.  Bat  wanting  those  helps  of 
nxonunending  those  necessary  counsels,  which 
bate  been  given  his  royal  highness  in  such 
manner  as  to  make  him  think  them  worth  his 
accepting,  and  fit  to  govern  himself  by;  and  of 
those  airvantaces,  which  a  little  money,  well 
managed,  would  have  gained  us;  I  am  afraid 
*e  shall  not  be  much  better  at  the  end  of  this 
sessions  than  we  are  now.  I  pray  God  we  do 
tot  lose  ground.  By  my  next,  which  will  be 
ere  long,%sball  be  able  to  tell  your  reverence 
•ore  particularly,  what  we  are  like  to  expect. 


In  the  mean  tine  i  most  humbly  beg  «oer  holy 
prayers  for  ell  our  undertakings,  and  that  you 
will  be  pleased  to  honour  me  so  far  an  to  utter m 
me  what  I  am  entirely,  and  without  any  reeetee* 
Mon  tres  Reverend  Pert,  de  votre  JL 
Le  plus  humble,  plus  obeisaMsevaiteur.? 

[Several  other  Letters  were  read,  but  because 
of  prolixity  they  are  omitted,  these  feeing  m/>st 
material,] 

dtt.  Gen.  I  have  done  with  my  evidence  | 
we  need  no  more  eroof  against  ham. 

Pris.  My  Lord,  I  would,  if  your  lordship 
please,  very  Cain  ask  of  Mr.  Oates  (because  be 
was  pleased  to  say  he  was  present  with  me  i* 
May  or  April),  whether  he  knows  the  particular 
days  of  the  months. 

[Here  Mr.  Oates  (who  being  tired,  withdrew 
to  rest  himself)  was  called,  and  tbe  prisoner 
was  asked,  whether  he  would  speak  wtth  Bed* 
loe,  but  he  desired  not  to  speak  with  him.] 

Oates.  The  consult  that  was  held  in  May 
New-stile,  is  April  Old-stile ;  it  was  within  a 
day,  or  two,  or  three  of  the  consult } 

Pris.    Where  was  the  consult  ? 

Oates.  It  was  begun  at  the  Whtte-Uore* 
Taveru  ;  then  they  did  adjourn  it  to  several 
clubs  and  companies,  and  yon  came  two  or 
three  days  after  the  consult  to  the  ProviaoiaJV 
chamber,  we  (hen  desiring  to  go  out  of  town, 

Pris.    Was  you  there,  and  who  else  ? 

Oates.  Thera  was  the  provincial,  and  Micho 
and  Strange  the  old  provincial,  and  Keiaeyour 
companion. 

Pris.  What  day  of  August  was  that  at  the 
Savoy  ? 

Oates.  I  cannot  swear  the  particular  day  ef 
the  month,  I  cannot  so  far  charge  my  memory1. 

The  result  at  the  consult  in  May  **»,  that 
Pickering  and  Groves  should  go  on  in  their  at- 
tempt to  assassinate  the  person  of  hts  majesty 
by  (hooting  or  otherwise.  Mr.  Coleman  kaew 
of  this,  and  said,  it  was  a  goad  design. 

L.  C.  J.  Who  was  there  }  Was  Mr. Cot* 
man  with  them  at  the  consultation  J 

Oates.  No,  my  lord  ;  but  two  or  three  day* 
after  the  consultation,  he  was  at  Wild-House, 
and  there  he  expressed  that  he  approved  of  it. 

L.  C.  J.    Did  he  consent  to  it  ? 

Oates.    He  did  consent  to  it.  ' 

Just.  Wild.    Did  he  use  no  words  about  it? 

Octet.  He  did  shew  his  approbation  of  it. 
But  in  those  instructions,  that  weae  brought  to 
Ashby,  lie  did  say  it  was  a  very  good  pro  position, 
hut  he  thougltt  the  reward  was  too  little. 

L.  C.  J.  Djd  he  use  any  words  to  declare 
his  assent  ? 

Oates.  Two  things  lieeooehed  in  the 'ques- 
tion, whether  your  lordship  means  the  consul^ 
or  the  instructions  he  did  approve  of. 

L.  C.  J.  How  long  after  the  consultation 
wo*  it  that  he  approved  of  it  ? 

Oates.  It  was  two  or  three  days  before  fee 
did  give  his  approbation. ' 

Just.  Wild.     What  words  did  he  say  * 

Oates.  '  He  did  express  his  consent ;  feutte 
say  the  very  words,  I  cannot  tell. 


59]  STATE  TRIALS,  SO.  Cjiasles  II.  1678.— Trial  tf  Edward  Coleman,  [(* 

authority  and  power  upon  us,  which  must  be 
the  necessary  consequence:  How  can  this  be 
proved  plainer  than  by  your  letter,  to  press  the 
French  king  that  he  would  use  bis  power  ? 

Pris.  Consider  the  contexture  and  connec- 
tion of  things,  whether  the  whole  series  be  not 
to  make  the  king  and  the  duke  (as  far  as  I 
thought  in  my  power)  as  great  as  could  be. 

L.  C.J.  How  well  or  ill  you  excuse  the 
fault,  that  is  not  the  question ;  they  relate  to 
the  duke  most  of  them,  little  to  the  king.  You 
were  carrying  on  such  a  design  that  you  in- 
tended  to  put  the  duke  in  the  head  of,  in  suich 
method  and  ways  as  the  duke  himself  would 
uot  approve,  but  rejected, 

Pris.  Do  not  think  I  would  throw  any 
thing  upon  the  duke.  Though  I  might  (in  the 
begioning  of  it)  possibly  make  use  of  the  duke's 
name,  it  is  possible  (they  say  I  did) ,  but  can 
any  imagine  the  people  will  lay  down  money 
200,000/.  or  20,000/.  with  me  upon  the  duke's 
name,  and  not  know  whether  the  duke  be  in  it? 
And  consequently  nobody  will  imagine  the 
duke  would  ever  employ  any  sum  to  tins  king's 
prejudice  or  disservice  while  be  lived.  1  take 
it  for  granted  (which  sure  none  in  the  world  will 
deny),  that  the  law  was  ever  made  imme- 
diately subject  to  the  king  or  duke :  and  conse- 
quently to  the  duke,  I  cannot  think  this  will 
ever  be  expounded  by  the  law  of  England,  or 
die  jury,  to  be  treason. 

L.  C.  J.  What  a  kind  of  way  and  talking  is 
ibis?  You  have  such  a  swimming  way  of 
melting  words,  that  it  is  a  troublesome  thing  for 
a  man  to  collect  matter  out  of  them.  You 
give  yourself  up  to  be  a  great  negotiator  in  the 
altering  of  kingdoms,  you  would  be  great  with 
mighty  men  for  that  purpose;  and  your  long 
discourses  and  great  abilities  might  have  been 
spared.  The  ibing  these  letters  do  seem  to  im- 
port, is  this,  That  your  design  was  to  bring  in 
popery  into  England,  and  to  promote  die  inter- 
est or  the  French  king  in  this  place,  for  which 
you  hoped  to  have  a  pension  (that  is  plain}. 
The  duke's  name  is  often  mentioned,  that  u 
true;  sometimes  it  appears  it  is  against  his 
will,  and  sometimes  he  might  know  of  it, 
and  be  told  that  the  consequence  was  not 
great.  Now  say  you  these  sums  of  money  and 
alt  that  was  done,  it  did  relate  to  the  king  or 
duke,  and  it  was  to  advance  their  interest, 
and  you  thought  it  was  the  way  to  do  it.  How 
can  this  advance  them,  unless  it  were  done  to 
do  them  service  ?  And  if  they  do  not  consent 
10  it,  and  how  can  this  be  treason,  what  kiud 
of  stuff  is  tins?  You  do  seem  to  be  a  mighty 
aiient,  might  not  you  for  a  colour  use  the  duke 
of  York's  name  to  drive  on  the  Catholic 
cause,  which  you  was  driven  to  by  the  priests 
mightily,  and  think  to  get  200,000/.  advance 
money,  and  a  pension  fur  your»elf,  and  make 
yourself  somebody  for  the  present,  and  secre- 
tary of  state  for  the  future?  If  you  will  make 
any  defence  for  yourself,  or  call  in  witnesses, 
we  will  hear  them;  Say  what  you  can;  for 
these  vaiu  inconsequential  discourses  signify 
nothing.  : 


.     L.C.J.    Will  you  ask  biro  any  more? 

Prti.  I  would  know  the  day  in, August? 

L.  C  J.  He  aaith  he  doth  not  remember 
Jheday. 

Oates.  I  believe,  I  will  not  be  positive  in 
ft,  it  was  about  the  81st  day  of  August. 

Just.  Wild,  and  Just.  Jones.    Was  it  in  Au- 
gust Old-stile  ?^ 
'    Oates.  Yes. 

Pris.  I  can  prove  I  was  in  Warwickshire  at 
that  time.  That  day '  be  guesseth,  the  91st 
of  August,  I  can  make  it  appear  I  was  fourscore 
aulas  off. 

X.  C.  J.  You  will  do  well  to  prove  you  was 
there  when  the  guinea  was  given.  Will  you 
ask  any  more? 

Prii.  No. 
-  L>  C.  J.'  You  may  say  as  you  will,  but  Mr. 
Oates  doth  charge,  that  expressly  in  August 
(according. to  the  English  stile)  you  were  at  this 
Wild-House,  and  that  lie  saw  fourscore  pounds 
prepared.  You,  Mr.  Coleman,  asked  the 
question,  what  preparations  were  made  for  the 
men  going  to  Windsor?  It  was  answered, 
fourscore  pounds  are  prepared:  and  yourself 
fare  a  guinea  for  expedition.  It  is  a  hard  mat- 
ter to  press  a  man  to  tell  the  precise  day  of  the 
Inontb,  but  positively  he  doth  say  it  was  in 
August 

*  Prii.  I  was  two  and  twenty  or  three  and 
twenty  days  in  August  in  Warwickshire. 

L.C.  J    What  have  you  now  more  to  say? 

Prss.  My  Lord,!  never  saw  Mr.  Oates  hut 
in  the  council- chamber,  I  never  saw  him  in 
Borne,  in  other  parts  I  never  saw  the  face  of 
kirn,  or  knew  him  in  my  whole  life ;  nor  did 
I  see  the  other  till  now  in  court,  as  I  hope  to 
be  saved.  And  then,  my  lord,  us  to  their  tes- 
timopy,  neither  of  them  swear  the  self  same 
tact. 

L.  C.J.  No  man  shall  be  guilty  if  denial 
shall  make  him  innocent :  they  swear  to  the 
fact  of  killing  the  king,  both  of  them,  aud  that's 
.enough.  If  one  saith  you  have  a  plot  to  poitou, 
that  is  killing  the  king  ;  and  the  other  swears 
a  plot  to  shoot,  or  stab  him,  that  is  to  the 
killing  of  the  king  also :  then  there  is  your  own 
undertaking,  in  your  letter,  under  your  hand. 

Prig,  For  treason  (with  submission  to  your 
lordship),  I  hope  there  is  none  in  that,  though 
there  are  very  extravagant  expressions  in  it.  I 
hope  some  expressions  explain  it,  that  it  was 
not  ray  dt  sign  to  kill  the  king. 

JL  C.  J.  No,  your  design  was  for  the  con- 
version of  three  kingdoms,  and.  subduing  of  that 
heresy  that  had  reigned  so  long  in  this  northern 
part  of  the  world  :  '  and/or  ejecting  whereof, 

*  there  were  never  more  hopes  since  our  queen 

*  Mary's  time  till  now,  aud  therefore  pressing 
1  the  king  of  France,'  to  use  his  power  ?  aid 
and  assistance  ?  and  does  this  signify  nothing  ? 

Pris.  Doth  aid  and  assistance  signify  more 
than,  money  ?  the  word  aid  in  French  is  power, 
they  are  promiscuous  words. 

L.  C.  J.  You  are  cliarged  to  have  had  a 
{Correspondency  and  agency  with  foreign  power 
to  subvert  our  religion,  and  bring  in  foreign 


«l] 


STATE  TRIALS,  30  Chaelks  IL  l078.-^r  High  Ttauftr. 


[09 


Pro,    I  have  witnesses  to  prove  I  was  in 
Warwickshire.  . 

LC.J.  (to  Boatman  a  witness):  Where  was 
Ms.  Coleman  io  August  last  ? 
-   Roatnmn.    In  Warwickshire. 

L.  C.  J.     How  long? 

am.     Ail  August,  to  my  best  remem- 


L.  C.  J.  Can  you  say  that  he  was  in  War- 
wickshire all  August?  that  he  was  not  at 
London? 

Boatman.  I  am  not  certain  what  time  of 
the  month  Lie  was  in  London. 

L.  C.  J.  That  he  was  there  in  August,  may 
be  very  true;  I  do  not  ask  how  long  he  was  in 
Warwickshire,  but  was  he  no  where  else  ?  (To 
which  the  witness  could  make  no  positive 
answer.) 

Prig,     I  was  at  lord  Denby'i,  and  at  Mr. 
Francis  Fisher's ;  I  was  there  at  least  SO  days, 
X.  C.  J.     Have  yon  any  more  witnesses  ? 
Pri*.    None. 

L.  C*  J.  If  yon  have  a  mind  to  say  any 
thing  more,  say  what  you  can. 

fru.  I  can  say  nothing  more  than  what  I 
have  said.  Positively  I  say,  and  upon  my  sal- 
vation, I  never  saw  these  witnesses,  Oates  but 
once,  and  Bedlow  never  before. 

Mr.  Solicitor  General,  (Sir  Francis  Win- 
aington): 

May  it  please  your  Lordship,  and  'you  Gen- 
tlemen of  the  Jury;  The  cause  before  you  (I 
dare  adventure  to  say)  is  a  cause  of  as  great  a 
nature,  and  includes  as  great  crimes,  as  ever 
came  to  this  bar. 

It  is  not  a  cause  of  a  particular  treason,  but 
it  is  a  treason  that  runs  to  the  whole;  the  king, 
the  government,  and  the  Protestant  religion, 
all  are  comprehended  in  it. 

The  defence  the  prisoner  has  made  is  so  very 
short  and  of  so  slight  a  nature,  that  I  shall  con- 
tract myself  very  much  in  what  I  had  to  say, 
and  onlv  state  to  the  Court,  and  Jury,  the 
principal  things  I  rely  upon. 

The  first  crime  laid  in  the  indictment,  is  the 
design  of  killing  and  destroying  the  royal  per- 
son of  his  majesty.  The  second,  the  subvert- 
ing of  the  government,»and  io  doing  that,  the 
destruction  of  the  protestant  religion. 

And  these  treasons  have  been  punctually 
proved,  as  well  by  two  witnesses,  as  by  letters 
under  Mr.  Coleman's  own  hand,  whereby  he 
corresponded  with  M.  .  La  Chaise,  the  French 
king's  confessor,  as  also  by  the  answers  which 
were  sent  by  M.  La  Chaise  to  Mr.  Coleman. 
As  to  the  proofs  made  by  the  witnesses,  the 
substance  of  them  is  this:  Mr.  Oates  swears, 
that  in  April  last  O.  $.,  and  May  N.  8.,  there 
was  a  peneral  consult  or  meeting  of  the  Jesuits, 
at  the  White-Horse  tavern  in  the  Strand ;  and 
afterwards  they  divided  themselves  foto  several 
companies,  or  dubs;  and  in  those  consults 
they  conspired  the  death  of  the  king ;  and  con- 
trived bow  to  effect  it.  >  The  manner  of  it  was 
thus  (as  Mr.  Oates  positively  swears):  That 
Grove  ao4  Pickering  were  employed  to  murder 
me  king;  tod  their  design  was  to  pistol  him  in 


St.  James's  Park.  Grove  was  to  have  1,500? 
in  money,'  and  Pickering  (being  a  priest)  was  to 
have  80,000  masses,  which  was  computed  to 
be  of  eaual  value  to  1,500/.  according  to  the 
usual  price  in  the  church  of  Rome.  And  this 
conspiracy  and  contrivance  Mr.  Coleman  was 
privy  to,  and  did  well  approve  of  the  same,  as 
Mr.  Oates  affirmetb  upon  his  oath.  So  that 
here  is  a  plain  treason  proved  upon  the  prn 
soner,  by  his  assemiug  to  the  fact  to  be  done, 
the  law  not  allowing  any  accessaries  ia  treason. 
And  this,  in  law  makes  the  prisoner  as  guilty 
as  auy  of  the  assassinates,  who  designed  to  kill 
the  kuig  with  their  own  bands. 

If  this  design  should  fail,  Mr.  Oates  swears, 
that  the  conspirators  intended,  a  further. at* 
tempt  upon  the  royal  person  of  the  king,  when 
he  should  be  at  Windsor;  and  four  Irish  at* 
sassinates  were  provided  .  by  Dr.  Fogerthy, 
whose  names  he  would  not  tell,  and  fourscore 
guineas  were  provided  by  Father  Harcourt,  a 
Jesuit,  to  maintain  the  assassinates  at  Windsor, 
till  they  should  have  effected  their  wicked  design. 

While  the  conspiracy  was  thus  in  agitetipn, 
Mr.  Coleman,  the  prisoner,  went  to  visit  Har- 
court the  Jesuit  at  his  house  in  town ;  bat 
finding  him  not  at  home,  and.  being  informed 
that  be  was  at  Wild-House,  Mr.  Coleman  went 
thither  and  found  him  there ;  and  Mr.  Cole* 
man  asking  what  provision  Harcourt  had  made 
for  the  gentlemen  at  Wiudsor;  Haroottrt  re> 
plied,  that  there  were  fourscore  guineas,  which 
then  lay  upon  the  table,  which  were  to  be  sent 
to  them ;  and  said,  that  the  person  who  was  sat 
the  room  was  to  carry  them ;  to  which  /Mr, 
Coleman  replied,  he  liked  it  very  well;  and 
gave  a  guinea  out  of  bis  own  pocket  to  thai 
messenger  who  was  to  carry  the  money  to 
Windsor,  to  encourage  him  to  expedite  tlie 
business.  But  in  case  the  design  of  killing  bis 
majesty  at  Windsor  should  be  any  ways  pre- 
veuted,  then  there  was  a  further  conspiracy  to 
destroy  the  king  by  poison.  Mr.  Oates  swears, 
that  in  July  last,  Ashby  (a  Jesuit])  brought  in- 
structions to  London  from  Flanders,  that  in 
case  Pickering  and  Grove  could  not  kjll  the 
king  at  London,  nor  the  four  Irish  assassinates 
at  Windsor,  that  10,000/.  was  to  be  proposed 
to  sir  George' Wakeman  to  poison  the  king. 
But  it  did  appear  by  the  letters  that  passed  be- 
tween White  the  provincial  (here  in  London) 
and  Ashby,  that  Mr.  Coleman  said,  he  thought 
10,000/.  was  too  little;  and  therefore  thought 
it  necessary  to  offer  5,000/.  more,  which  after- 
wards was  assented  to  by  the  Jesuits  abroad. 
And  Mr.  Oates  swears,  he  saw  letters  from  the 
provincial  at  London  to  %  the  Jesuits  at  St 
Omers,  signifying,  that  sir  George  Wakeman 
had  accepted  of  the  proposition,  and  received 
5,000/.  of  the  money.  By  which  testimony  of 
Mr.  Oates,  it  plainly  appears,  that  Mr.  Cole- 
man, the  prisoner  at  the  bar,  was  privy  to  the 
conspiracy,  and  aiding  and  abetting  to  the 
wicked  and  damnable  design  of  murdering  the 
king. 

-  The  second  Witness  is  Mr.  Bedlow,  who 
swears  that  he  was  employed  by  Harcourt,  the 


«1 


STATE  TRIALS,  30  CfutaiBt  II.  I678.-/OI1  High  Trcaton. 


Jettety  td  daffy  pacqtfets  of  letters  to  M,  La 
Chaise,  rhe  French  king's  confessor ;  and  fur- 
tttetseys,  he  wartta  consult  in  France*  where 
the*  Plot  was  discoursed  on  for  killing  the  king; 
end  did  bring  back  an  answer  from  La  Chime 
19  Hnreourt  in  London ;  and  swears  particu- 
larly* that  on  the  24th  or  95th  of  May,  1677, 
he  was  at  Coleman's  house  with  Father  Har- 
eourt  «nd  some  other  persons,  where  Mr.  Cole- 
man, discoursing  of  the  great  design  in  hand, 
raid  these  w»nh  following :  u  That  if  he  had  a 
sen  of  blood,  and  an  hondred  lives,  he  would 
lose  (hem  all  to  carry  on  the  design ;  and  if  to 
effect  this  it  were  necessary  to  destroy  an  hon- 
dred heretic  kmgs  he  would  do  it."  So  that 
here  is  another  positive  oath  to  an  act  of  trea- 
son, committed  by  Mr.  Coleman,  in  relation 
te  the  murdering  the  king. 
t  The  other  pari  of  the  Evidence  consists  of 
Papers  and  Letters,  which  generally  relate  to 
prove  the  latter  part  of  the  Indictment,  to  wit, 
ttoeentif  potion  of  the  protectant  religion,  and 
introducing  of  Popery,  and  the  subvening  of 
the  government.  And  this  appears  by  a  Let- 
ter written  by  Mr.  Coleman)  dated  29  Sept. 
1*3*5,  and  sent  to  M.  La  Chaise,  the  French 
king's  confessor;  wherein  he  gives  him  an  ac- 
eoeat  ef  the  transactions  of  several  years  be- 
fove,  and  of  the  correspondence  between  Mr. 
Cokeriaaj  and  M:  Ferner  predecessor  of  La 
Cbaise;  wherein  be  does  also  assert,  that  the 
trite  way  to  carry  on  the  interest  of  France 
and  the* promoting  of  the  Popish  religion  here 
m  England,  was  to  get  this  parliament  dissolv- 
ed; which  (says  be)  had  been  longsioce  effected, 
If  9QQ,0O0lx  could  have  been  obtained  from 
thai  French  king;  and  that  things  yet  were  in 
iUCh  a  posture,  that  if  he  had  but  90,000/. 
( sent  hmV  from  France,  he  would  be  content  to 
be1*- sacrifice  to  the  utmost  malice  of. his  ene- 
mies, if  the  Protestant  religion  did  not  receive 
stfch  st  blow  us  it  could  not  subsist.  And  the 
recerat-of  this  Letter  was  acknowledged  by  M. 
Lsj  Gluts*,  in  an  Answer  which  be  wrote  to  Mr. 
Colesnan,  dated  from  Paris  October  *3,  1675, 
in  which  he  give*  him  thanks  for  bis  good  ser- 
vice, in-order  to  the  promoting  the  Popish  re- 


SeVeral  either  letters  hive*  been  produced 
seel -reed,  which  were  written  bv  Mr.  Cole- 
nttA'to  M.  Fetti'er  and  •others,  And  more  parti* 
cnJavty  one  letter  dated  August  SI,  1671, 
written  by  Mr.  Coleman  to  the  pope's  inter- 
nuncio-at  Brussels;  wherein  he  says,  the  Da- 
slim  prospered  so  well,  that  he  doubted  not 
but  in  a  little  time  the  business  would  be  ma- 
itifeefr,  to  the  utter  rain  of  the  Protestant 
pa*?. 

And  by  other  letters  he  writes  to  the  Frdnch 
kht^s  confessor,  that  the  assistance  of  his  Most 
Gbrsltiein  majesty  is  necessary,  smd  desires 
ssferfey  from  the  French  king  to  carry  on  the 


But  there  is  one  letbr  without  date,  more 
bloody  than  all  the  rest,  which  was  written  td 
IftVLar  Chaise  in  some  short  time  after  the 
hshg  letter  of  Sept.  4»,  1675/  wherein  among 


[04 

many  other  things,  Coleman  expresses  himself: 
"  We  have  a  mighty  work  upon  our  hands,  no 
less  than  the  conversion  of  three  kingdoms,  and 
the  utter  subduing  of  a  pestilent  heresy,  which 
hath  for  some  time  domineered  over  this 
Northern  part  of  the  world;  and  we  never  had 
*i  great  hopes  of  it  since  our  queen  Mary's 
days."  And  in  the  conclusion  of  the  letter  he 
implores  M.  La  Chaise  to  get  aU  the  aid  and 
assistance  he  can  from  France,  and  that  next 
to  God  Almighty  tbey  did  rely  upon  the  mighty 
mind  of  his  most  Christian  majesty,  and  there- 
fore did  hope  La  Chaise  would  procure  money: 
and  assistance  from  him. 

Now,  any  man  that  considers  the  contents 
of  these  Letters,  must  needs  agree  that  the 
latter  part  of  the  Indictment,  to  wit,  the  tree* 
son  of  endeavouring  the  subverting  the  govern* 
ment  and  the  Protestant  religion,  is  fully  proved 
upon  Mr.  Coleman,  the  prisoner  at  the  bar ; 
and  that  these  letters  were  written  by  bins,  and 
the  answers  received,  he  does  not  deny. .  But 
ail  he  has  to  say  for  himself,  is,  that  it  w&4  to 
make  the  king  of  England  great ;  whereat  thfe 
contrary  is  most  manifest,  because  the  Jesuits 
who  love  force  and  tyranny,  always  adhere  to 
those  princes  that  are  greatest  in  strength  and 
power.  For  it  appears  in  history,  that  whets 
the  house  of.  Austria  were  in  their  greatness, 
and  like  to  arrive  to  the  universal  monarchy 
in  these  parts  of  the  world*  the  Jesuits  all  ad- 
hered to  that  house :  but  since  the  French  king 
hath  grown  more  mighty  in  power  and  great** 
nets,  they  declined  the  interest  of  the  Austrian 
family,  and  do  now  promote  •  the  counsels  of 
France,  thinking  that  now  that  king  will  be- 
come the  universal  monarch. 

I  shall  therefore  now*  conclude  the  Evidence, 
only  observing  to  the  jury,  that  the  several 
treasons  in  the  indictment  ere  fully  proved. 
Tlie  first,  as  to  the  destruction  of  the  royal 
person  of  the  king,  by  two  witnesses,  Mr* 
Oatesand  Mr.  Qedlow;  the  other -pert  of  it* 
viz.  the  subversion  of  the  government,  and  ex- 
tirpation of  the  Protestant  religion,  by  the  se- 
veral letters  which  have  been  before  remem* 
beTed,  which  have  not  been  denied  by  the  pri- 
soner to  be  his.  Therefore  I  hope,  gentle- 
men, that  when  you  meet  with  offenders  that 
are  guilty  of  such  stupendous  crimes,  you  will 
do  justice  upon  them,  which  will  be  great  com- 
fort and  satisfaction  to  the  king  and  aM  hie 
good  Protestant  subjects. 

Serj.  Pembertak.  Gentlemen,  you  bear  the 
crime  is  of  the  highest  nature,  it  is  the  subver- 
sion of  three  kingdoms,  and  the  subduingof  that 
religion  which  he  defames  by  the  name  of 
*  PeWeht  Heresy/  It  concerns  us  aU  to  look 
about  us,  and  all  the  kingdom,  when  there 
Shall  he  a  design  managed  in  this  manner,  to 
destroy  our  king,  and  to  take  away  our  reli- 
gion, and  to  enslave' us  ell'  te  the  pope,  end 
make  us  all  truckle  to  tlie  priests. 

It  is  wonderful  k  is  capable  (at  ibis  day)  of* 
so  great  evidence,  there  is  DigHus  Dei  in  it, 
or  else  it  would  be  impossible  such  a  thing 
sbooM  be  made  tomam&st:  aU  the  rest  the* 


€5] 


STATE  TRIALS,  30Chahi.es  II.  \6l$.—jbr  High  Treason. 


[<K> 


»  aid  in  the  Indict  me  Dt  are  bat  circumstances 
that  declare  it :  there  is  a  strong  evidence  of 
many  matters  of  fact  in  this  design,  which  de- 
clare the  intention  hatched  in  his  breast  for 
Buoy  years  together:  here  hath  been  a  design 
to  kill  the  king,  and  he  doth  not  only  consent 
to  it,  bat  commend  it ;  what  can  be  said  to  his 
giving  the  money  to  him  that  was  to  pay  itie 
Jourscore  pieces  of  gold  to  those  ruffians  sent 
to  Windsor  ?  and  adding  5,000/.  to  the  10,000/. 
for  the  doctor  that  was  to  poison  the  king? 
He  denies  all. 

No  question  bat  a  man  that  hath  had  a 
heart  to  design  »uch  contrivances,  will  have 
the  Jace  to  deuy  it  publicly  :  it  is  a  thing  to  be 
acted  in  the  dark.  But  there  is  both*  Mr. 
Oatesand  Mr.  Bedlow  plainly  prore  it  upon 
him,  that  he  consented  to  the  acting  the  king's 
death.  What  is  the  sense  of  his  letters,  but  to 
shew  his  design,  and  to  beg  the  assistance  of 
France  to  them  in  their  necessities  r*  The  whole 
correct  is- to  destroy  our  religion,  I  think  you, 
gentlemen  of  the  jury,  have  bad  such  evidence 
as  win  satisfy  any  man. 

Proaaer.  I  deny  all  Mr.  Oates's  testimony, 
for  his  saying  to  the  council  he  did  not  know 
me  because  he  could  not  see  me,  when  I  was  as 
near  as  the  next  gentleman  but  one,  but  knew 
me  when  I  spake,  and  I  spoke  to  almost  all  the 
matters  asked.  He  ace  u  set  h  me  of  a  thing  in 
August,  but  names  not  the  day  :  now  if  there 
be  one  error  in  bis  testimony,  it  weakens  all 
the  rest.  1  went  out  of  town  on  the  10th  of 
August,  it  was  the  latter  end  I  came  home, 
about  the  middle  of  Bartholomew  fair,  the  las* 
bay  of  August. 

L  C.  J.  Have  you  any  witness  to  prove  that  ? 

Prig.  I  cannot  say  I  have  a  witness. 

2*.  C.  J.  Then  you  say  nothing. 

Pris.  People  cannot  speak  to  a  day,  to  a 
thing  they  neither  imagined  or  thought  of. 

L.  C.  /.  I  ask  your  servant,  do  you  know 
when  sir.  Coleman  went  out  of  town  ?  | 

CoiemnitSero.  Jn  August ;  I  cannot  say  par- 
ticularly the  day. 

L.  C.  J.  Do  you  know  when  he  came  home  ? 

Serv.  I  cannot  remember. 

Just.  Wyld.  Where  was  you  the  last  Bar- 
thojomew-day  ? 

Serv.  I  was  in  town. 

Jest.  Wyld.  Where  was  your  master  ? 

Sere.  I  do  not  remember. 

L.  C.  J.  You  say  yon  went  out  of  town  tbe 
10th,  and  came  home  the  last  of  August ;  you 
say  k  is  impossible  that  he  should  say  right, 
bat  yet  you  do  not  prove  it. 

Pru.  Tinrre  no  more  to  say  bat  I  entered 
down  all  my  expences  every  day  in  a  book, 
which  boot  will  shew  where  I  was. 

X.  C  J.  Where  is  your  book  ? 

Prat.  At  my  lodgings  in  Vere-Street  by 
Ceteat-Oarden ;  in  a  trunk  that  came  by  the 
carrier,  that  will  shew  when  they  were  sent. 

L.  C.  J.  If  the  cause  did  turn  upon  that 
natter,  I  would  be  well  content  to  sit  until 
the  book  was  brought;  bat  I  doubt  the  cause 
vfltaot  stand  upon  that  foot )  but  if  that  wene 

T0UTD. 


the  case  it  would  do  you  little  good.    Observe 
what  I  say  to  the  jury. 

My  Lord  Chief  Justice  his  Speech  to  the  Jury 
upon  bis  summing  up  of  the  Evidence. 

Gentlemen  of  tbe  jury;  my  care  at  this  time 
shall  be  to  contract  this  very  long  evidence, 
and  to  bring  it  within  a  short  compass,  that  you 
may  have  nothing  before  you  to  consider  of, 
as  near  as  I  can,  but  what  is  really  material 
to  the  acquitting  or  condemning  of  Mr.  Cole* 
man. 

The  tilings  he  is  accused  of  are  two  sorts ; 
the  one  is,  to  subvert  the  Protestant  religion 
and  to  introduce  Popery :  the  other  was  to  de- 
stroy and  kill  the  king.  The  evidence  likewise 
was  of  two  sorts;  the  one  by  letters  of  his 
own  hand-writing,  and  the  other  by  Witnesses 
viva  voce.  The  former  he  seems  to  confess, 
the  other  totally  to  deny. 

For  that  he  cf  mfetseth,  he  does  not  seem  to 
insist  upon  it,  that  the  letters  were  not  his,  he 
seems  to  admit  they  were ;  and  he  rather 
makes  his  defence  by  expounding  what  the 
meaning  of  these  letters  were,  than  by  denying 
himself  to  be  the  author. 

I  would  have  you  take  me  right,  when  I  say ' 
he  doth  adroit;  he  doth  not  admit  tbe  con- 
struction, that  the  king's  counsel  here  makes 
upon  them  ;  but  he  admits  that  these  letters 
were  his.  He  admits  it  so  far,  that  he  does 
not  deny  them.  So  that  you  are  to  examine 
what  these  letters  import  in  themselves,  and 
what  consequences  are  naturally  to  be  deduced 
from  them. 

That  which  is  plainly  intended,  is  to  bring 
in  the  Roman  Catholic,  and  to  subvert  the 
Protestant  Religion.  That  which  is  by  conse- 
quence intended,  was  the  killing  the  king,  as 
being  the  most  likely  means  to  introduce  that,  * 
which,  as  it  is  apparent  by  his  letters,  was  de-  , 
signed  to  be  brought  in. 

For  the  first  part  of  the  Evidence.  All  his 
great  long  letter  that  he  wrote,  was  to  give 
the  present  confessor  of  the  French  king  an 
account  of  what  had  passed  between  him  and 
his  predecessor;  by  which  agency,  you  may. 
see  that  Mr.  Coleman  was  in  with  the  former 
confessor. 

And  when  he  comes  to  give  an  account  of . 
the  three  years  transactions  to  this  present 
confessor,  and  to  begin  a  correspondence  with 
him,  about  what  is  it?  Why,  the  substance  of 
the  heads  of  the  long  Letter  comes  to  this.  It 
was  to  bring  in  the  Catholic  as  he  called  it, 
(that  is)  the  Romish  Catholic  religion,  and  to  , 
establish  that  here ;  and  to  advance  an  interest 
for  the  French  king,  be  that  interest  what  it 
will. 

It  is  true  bis  letters  do  not  express  what  sort , 
of  interest,  neither  will  I  determine  :  but  they 
say  it  was  to  promote  the  French  king's  in* , 
terest,  which  Mr.  Coleman  woejt)  expound  in 
some  such  sort,  as  may  consist  with  tbe  king  of 
England's  and  the  duke  of  York's  interest. 
But  this  is  certain,  it  was  to  subvert  our  reli- 
gion, as  it  is  now  by  law  established.    This 

F 


6T)         STATE  TRIALS,  SO  Charles  II.  1678.— Trial  qfEdicard  Coleman, 


[•« 


was  the  great  end  thereof,  it  cannot  be  denied : 
Co  promote  the  interest,  I  say,  of  the  French 
king,  and  to  gain  to  himself  a  pension  as  a 
reward  of  his  service,  is  the  contents  of  his  first 
long  letter,  and  one  or  two  more  concerning 
that  pension. 

His  last  letters  expound  more  plainly  what 
was  meant  by  the  Frencli  king's  interest. 
u  We  are"  (saith  be)  "  about  a  great  work,  no 
less  than  the  conversion  of  three  kingdoms, 
and  the  total  and  titter  subversion  and  sub- 
duing of  that  pestilent  heiesy "  (that  is  the  Pro* 
testant  Religion)  "  which  hath  reigned  so  long 
in  this  Northern  part  of  the  world  ;  and  for  the 
doing  of  which,  there  never  was  such  great 
hopes  since  our  queen  Mary's  days,  as  at  this 
Itmer 

'  Now  this  plainly  shews,  thai  our  religion  was 
to  be  subverted,  Popery  established,  and  the 
three  kingdoms  to  be  converted  ;  that  is,  in- 
deed, to  be  brought  to  confusion.  For  I  say, , 
that  when  our  religion  is  to  be  subverted,  the' 
nation  is  to  be  tab  verted  and  destroyed,  that  is 
most  apparent :  for  there  could  be  no  hope  of 
subverting  or  destroying  the  Protestant  reli- 
gion, but  by  a  subversion  not  conversion  of  the 
three  kingdoms.  How  was  it  to  be  done  other- 
wise t  Why,  I  would  have  brought  this  reli- 
gion in  (says  he}  by  dissolving  of  the  parlia- 
ment, I  would  nave  brought  it  in  by  an  edict 
and  proclamation  of  Liberty  of  Conscience.  In 
tfcese  ways  I  would  have  brought  it  in. 

Mr.  Coleman  knows  it  is  not  fit  for  him  to 
own  the  introducing  of  his  religion  by  the  mur- 
der of  the  king,  or  by  a  foreign  force.  The  one 
'was  too  black  and  the  other  too  bloody,  to  be 
owned.  And  lew  people  (especially  the  Eng- 
lish) will  be  brought  to  save  their  lives  (as  he 
may  do  bis)  by  confession  of  so  bloody  and  bar* 
tarous  a  thing,  as  an  intention  to  kill  the  king, 
or  of  levying  'a  war ;  which,  though  it  be  not  a 
particular,  is  a  general  murder.  I  say,  it  was 
not  convenient  for  Mr.  Coleman,  when  he  seems 
to  speak  something  for  himself,  to  give  such  an 
account,  how  he  would  have  done  it ;  There- 
fore he  tells  us,  be  would  have  done  it  by  the 
dissolving  of  the  parliament  and  by  toleration 
of  religion.  Now  I  would  very  fain  know  of 
any  roan  in  the  world,  whether  this  was  not  a 
very  fine  and  artificial  covering  of  his  design  for 
the  subversion  of  our  religion  ? 

Pray,  how  can  any  man  think,  that  the  dis- 
solving of  the  parliament  could  have  such  a 
mighty  influence  to  that  purpose  ?  it  is  true,  he 
might  imagine  it  might  in  some  sort  contribute 
Cowards  it :  yet  it  is  so  doubtful,  that  he  him- 
self mistrusts  it.  For  he  h  sometimes  for  the 
dissolving  of  the  parliament,  and  other  times 
not,  as  appears  by  his  own  papers:  for  which 
we  are  not  beholden  to  him,  so  much  as  for 
any  one,  more  than  what  were  found  by  acci- 
dent, and  produced  to  the  kin;*  and  council. 
But  in  truth,  why  should  Mr.  Coleman  believe 
that  another  parliament  (if  this  parliament 
were  dissolved)  should,  com  ply  with  Popery; 
that  is  to  say,  That  there  should  be  great  hopes 
of  bringing  in  of  Popery  by  a  new  parliament  ? 


unless  he  can  give  me  a  good  reason  for  tins,  f 
shall  hold  it  as  insignificant  and  as  unlikely  to 
have  that  effect,  as  his  other  way  by  a  general 
toleration.    ' 

And  therefore  next,  Upon  what  gronnd  does 
he  'presume  this  ?  I  do  assure  you,  that  man 
does  not  understand  the  inclinations  of  the 
English  people,  or  knows  rheir  tempers,  that 
thinks,  if  they  were  left  to  themselves  and  had 
their  liberty,  they  would  turn  Papists.  It  is 
true,  there  are  some  amongst  us  that  hnve  so 
little  wit  as  to  turn  Fanatics,  but  there  is  hardly 
any,  but  have  much  more  wit  than  to  turn 
Papists.  These  are  therefore  the  counterfeit 
pretensions  of  Air.  Coleman. 

Now,  if  not  by  these  means,  in  what  way 
truly  did  he  intend  to  bring  in  Popery  ?  why, 
his  own  letters  plainly  convict  him  of  one  step 
towards  it,  in  endeavouring  with  foreign  powers 
to  bring  in  that  religion,  and  to  subvert  ours. 
And  for  tlie  other  way  of  doing  it,  by  killing 
the  king ;  I  leave  it  to  you  whether  there  were 
any  more  probable  way  than  that  indeed  to 
do  it. 

And  could  he  think,  that  the  French  king 
would  not  have  thought  himself  cozened  of  hi* 
money,  if  he  had  not  given  him  hopes  that  he 
would  use  the  most  probable  methods  that  be 
could,  to  effect  his  design  ? 

Therefore,  there  mus-t  be  more  in  it :  for  be 
that  was  so  earnest  for  Unit  religion,  would  not 
have  stuck  at  any  violence  to  bring  it  in;  he 
would  not  have  stuck  at  blood.  For  we  know 
their  doctrines  and  their  practices,  and  we 
know  well,  with  what  zeal  the  priests  push 
them  forward  to  venture  their  own  lives,  and 
to  take  away  other  mens,  that  differ  from  theni, 
to  bring  in  their  religion,  and  to  set  up  them- 
selves. For  indeed  in  the  kingdoms  and  coun- 
tries where  Popery  reigns,  the  priests  have  do- 
minion oier  men's  consciences,  and  power 
over  their  purses.  And  they  use  all  arts  ima- 
ginable of  making  proselytes,  and  take  special 
care,  that  those  in  their  communion  shall 
know  no  more  than  the  priests  shall  give  them 
leave  to  understand.  And  for  this  reason  they 
prohibit  the  use  of  all  books  without  their  li- 
cence. This  blind  obedience  begets  blind  ig- 
norance, and  this  is  a  great  subtilty  of  theirs 
to  keep, them  in  it,  that  they  may  perfectly 
submit  to  tbem. 

What, cannot  they  command,  when  they 
have  made  others  slaves  in  their  understand- 
ings, and  that  they  must  know  no  more,  than 
what;  they  give  them  leave  to  know  ?  but  irv 
Borland  it  is  not  so,  RTr.  Coleman ;  and 
therein  yon  would  have  found  a  great  disap- 
pointment. For  if  liberty  of  conscience  had 
been  tolerated  here,  that  the  consequence  of  it 
would  have  been  Popery,  I  deuy. 

Nothing  is  more  unlikely ;  for  though  in  the 
short  reign  of  queen  Mary,  Popery  came  in 
for  some  time,  which  was  but  for  a 'little-  time. 
and  then  the  people  wcie  not  so  well  grounded 
in  the  Protestant  religion,  nor  in  the  principle* 
of  it  t  but  now  they  are,  insomuch,  that  scarce 
a   colter  but  u  able  to  oaffle  any  Komaa 


»3 


STATE  TRIALS,  30  Charles  il.  l67bWfr  High  'IrraKm, 


tm 


prist  feat  ever  I  saw  or  met  with.  And  thanks 
be  tr*  God  we  have  a  preaching  ministry,  and 
the  free  use  of  the  Scriptures  allowed  amongst 
os,  which  they  are  not  permitted  to  have. 

And  alter  this  I  wonder,  that  a  man,  who  hath 
been  bred  up  in  the  Protestant  religion  (as  I 
ba\e  reason  to  believe  that  you  Mr.  Coleman 
h  i\-e  been,)  for  (if  I  am  not  misinformed;  your 
iuhcr  » as  a  minister  in  Suffolk;  for  such  an 
r*ne  to  depart  from  it,  is  an  evidence  Against 
you,  to t  prove  the  Indictment.  I  must  make  a 
duT^reace  between  us,  and  those  who  hate 
been  always  educated  that  way,  and  so  are 
under  the  prepasbessiou  of  their  education, 
which  is  a  d.Sicak  thing  to  he  overcome. 

And  I  do  assure  you,  there  are  hut  two 
things,  that  I  know  of,  can  make  one  do  it, 
iorerest,  or  gross  ignorance.  No  roan  of  uu- 
cier&taDdicg,  but  for  by-ends,  would  have  led 
Lis  religion  to  he  a  Papist.  And  for  you,  Mr. 
Coleman,  who  are  a  man  of  reason  and  sub- 
lilt?,  I  must  tell  you  (to  bring  this  to  your- 
sell*)  upon  this  account,  that  it  could  not  be 
cos^cietice,  I  cannot  thiuk  it  to  be  conscience. 
Yccr  pension  was  your  conscience,  and  your 
Secretary's  place  your  bait. 

For  such  men  (Isav)  as  have  been  bred  up 
in  the  Protestant  religion,  and  left  it,  I  can 
lordly  presume  that  they  do  it  out  of  con- 
science, unless  they  do  it  upon  a  mighty  search, 
not  leaning  upon  their  own  understanding  and 
abilities,  not  hearing  of  one  side  alone.  Con- 
science ii  a  tender  thing,  conscience  will  trem- 
ble when  it  leaves  the  religion  it  has  been  bred 
is,  and  its  sincerity  is  shown  by  being  fearful, 
lest  it  &hould  be  in  the  wrong.  No  man  may 
pretend  to  conscience  truly,  that  takes  not  all 
cowses  imaginable  to  know  the  right,  before 
be  lets  Lis  religion  slip  from  him. 

Have  we  so  soon  forgot  our  reverence  to  the 
late  king,  and  the  pious  advice  he  left  us  ?  A 
king  chat  was  truly  a  Defender  of  the  Faith,  not 
only  by  his  title,  but  by  his  abilities  and  writings. 
A  king,  who  understood  the  Protestant  religion 
so  well,  that  be  was  able  to  defend  it  against 
any  of  the  cardinals  of  Rome.  And  when  he 
knew  it  so  thoroughly,  and  died  so  eminently 
for  it,  I  will  leave  this  characteristic*!  note, 
That  whosoever  after  that  departs  from  liis  judg- 
ment, had  need  have  a  very  good  one  of  his 
own,  to  boar  him  out. 

I  do  acknowledge,  many  of  the  popish 
priests  formerly  were  learned  men,  and  may  he 
so  soil,  beyond  the  seat :  but  I  could  never 
yet  meet  with  any  here,  that  bad  other  learning 
er  ability  bat  artificial  only,  to  delude  weak 
women,  and  weaker  men.  They  have,  indeed, 
ways  of  conversion,  and  conviction,  by  en- 
lightening  our  understandings  with  a  raggot, 
and  by  the  powerful  and  irresistible  arguments 
ef  a  daggers  But  these  are  such  wicked  sole- 
cisms in  their  religion,  that  they  seem  to  have 
left  them  neither  natural  sense,  nor  natural 
conscience,  not  natural  sense,  by  their  ab- 
asrdtty,  in  so  unreasonable  a  belief,  as  of  the' 
wine  turned  into  blood:  Not  natural  con* 
tnence,  be  their  cruelty,  who  make  the  Pfcotes- 


tanls  blood  as  wine,  and  these  priests  (hirst 
after  it ;  '  Tantum  religio  pctuit  suadere  luulo- 
'  rum  ?' 

Mr.  Coleman,  in  one  of  his  letters,  speaks  of 
routing  out  '  our  religion  and  party ;'  And  lie 
is  in  the  right,  for  they  can  never  root  out  the 
Protestant  religion,  but  they  must  kill  the  Pro- 
testants. But  let  him  and  them  know,  if  ever 
they  shall  endeavour  to  bring  popery  in,  by  de* 
stroking  of  the  kine,  they  shall  find,  that  the 
papists  will  thereby  bring  destruction  upon 
themselves,  so  that  not  a  man  of  them  would 
escape—'  Ne  Catulus  quidem  relinquendus.' 
Our  execution  shall  be  as  quick  as  their  gun- 
powder, but  more  effectual.  And  so,  gentle- 
men, I  khall  leave  it  to  you,  to  consider,  what 
his  Letters  prove  him  guilty  of  directly,  and 
what  by  consequence ;  What  he  plainly  would 
have  done,  and  then,  how  he  would  have  done 
it;  And  whether  you  think  his  fiery  seal  had 
so  much  cold  blood  in  jt,  as  to  spare  any 
others?  For  the  other  part  of  the  Evidence, 
which  is  by  the  testimony  of  the  present  wit- 
nesses, yoj  have  heard  them.  I  will  not  de» 
tain  you  longer  now,  the  day  is  going  out. 

Mr.  J.  Jones.  You  must  find  the  prisoner 
guilty,  or  bring  in  two  persons  perjured.  - 

L.  C.  J.  -  Gentlemen,  If  your  consultation    * 
shall  be  long,  then  you  must  lie  by  it  all  night, 
and   we    will  take   your   verdict   to-morrow 
morning.    If  it  will  not  be  long,  I  am  content 
to  stay  a  while. 

Jury.    My  lord,  we  shall  be  short* x 

J.  Wyld.  We  do  not  speak  to  you  to  make 
more  haste,  or  less,  but  to  take  a  lull  consulta- 
tion, and  your  own  time;  There  is  the  death 
of  a  man  at  the  stake,  and  make  not  too  much 
haste.     We  do  not  s^peak  it  on  that  account. 

The  Jury  went  from  the  bar,  and  returned. 

Court.    Are  you  all  agreed  of  your  verdict? 

Jury.    Yes. 

Court,     Who  shall  speak  for  you? 

Jury.    The  foreman. 

Court.  Edward  Coleman,  hold  up  thy  band  r 

Court.  Is  Edward  Coleman  Guilty  of  the 
high-treason  whereof  be  stands  indicted,  or 
Not  Guilty  }—Jury.  Guilty,  my  lord. 

Court.    What  goods,  chattels,  fee. 

Prisoner.  You  were  pleased  to  say  to  the  jury, 
that  they  must  either  bring  me  in  Guilty,  or 
two  persons  perjured ;  I  am  a  dying  man,  and 
upon  my  death,  and  expectation  of  salvation, 
declare,  That  I  never  saw  these  two  gentlemen, 
excepting  Mr.  Oates,  but  once  in  all  my  life, 
and  that  was  at  the  council  table. 

L.  C.  J.  Mr.  Coleman,  your  own  papers 
are  enough  to  condemn  you. 

Court.  Cant.  Richardson,  you  must  bring 
Mr.  Coleman  hither  again  to-morrow  morning 
to  receive  his  Sentence. 

The  Day  following  being  November  the  98th, 
Mr.  Coleman  was  brought  to  the  Bar,  to 
receive  his  Sentence,  and  the  Court  pro- 
ceeded thereupon  as  followeth : 

L.  C.  J.  Ask  him  what  he  can  say  for  him* 
self;  Make  silence,  crier* 


71  ]  STATE  TRIAU5,  SO  Charles  II.  1 07  8.— Trial  of  Edward  Coleman, '         [73 


CI.  ofCr.  Edward  Coleman,  hold  up  thy 
hand.  Thou  hast  been  indicted  of  high  trea- 
son, thou  hast  thereunto  pleaded  Not  Guilty  ; 
thou  hast  put  thyself  upon  God  and  thy  coun- 
try, which  country  hath  found  thee  Guilty ; 
What  canst  thou .  say  for  thyself,  wherefore 
judgment  of  death  should  not  be  given  against 
thee,  and  an  execution  awarded  according  to 
law? 

Mr.  Coleman,  May  it  please  you,  my  lord, 
I  have  this  to  say  for  inyseli ;  As  for  my  papers, 
I  humbly  hope,  (setting  aside  Oral  Testimony) 
that  I  should  not  have  been  found  guilty  of 
any  crime  in  them,  but  what  the  act  of  grace 
would  have  pardoned,  and  I  hope  I  shall  have 
the  benefit  of  that;  The  evidence  against  me, 
namely  Oral,  I  do  humbly  beg  that  you  would 
he  pleased  to  give  me  a  little  time  to  shew  you, 
how  impossible  it  is  that  those  testimonies 
should  be  true ;  For  that  testimony  of  Mr. 
Oates  io  August,  my  man,  that  is  now  either  in 
the  court  or  hall,  hath  gotten  a  book  that  is 
able  to  make  it  appear,  that  I  was  out  of  town 
from  the  15th  of  August  to  the  3 1st  of  August 
late  at  night. 

L.  C.  J.    That  will  not  do,  Mr.  Coleman. 

Coleman.  I  p!o  humbly  offer  this,  for  this 
reason ;  because  Mr.  Oates,  in  all  hit  other  evi- 
dences, was  so  punctual,  as  to  distinguish  be- 
tween Old  Stile  and  New,  he  ntver  missed  tlie 
month,  hardly  the  week,  and  oftentimes  put  the 
very  day ;  for  his  testimony  that  he  gave  against 
me,  was,  that  it  was  the  21st  of  August. 

L.  C.  J.  He  thought  so,  but  he  was  not  po- 
sitive, but  only  as  to  the  month. 

Coleman.  He  was  certain  it  was  the  latter 
end  of  August,  and  that  about  Bartholomew- 
tide. 

L.  C.  J.    He  conceived  so,  he  thought  so. 

Coleman.  Now  if  I  was  always  out  of  town 
from  the  15th  day  of  August,  to  the  31st  late  at 
night,  it  is  then  impossible,  my  lord,  that  should 
he  a  true  testimony.  Your  lordship  was  pleased 
to  observe,  that  it  would  much  enervate  any 
man's  testimony,  to  the  whole,  if  he  could  be 
proved  false  in  any  one  thing.  I  have  further 
in  this  matter  to  say,  besides  my  tuan's  testi- 
mony, the-  king  hatb,  since  I  have  been  seized 
on,  seized  on  my  papers  and  my  book  of  ac- 
counts, where  I  used  punctually  to  set  down 
where  I  spent  my  money  ;  and  if  it  doth  not 
appear  by  that  book  that  I  was  all  those  days 
and  times,  and  several  other  days  in  August, 
to  he  out  of  town,  I  desire  no  favour.  You 
cannot  suppose,  my  lord,  nor  the  world  be- 
lieve, that  1  prepared  that  book  for  this  purpose 
in  this  matter ;  and  I  can  make  it  appear  by 
others,  if  I  had  time ;  but  I  only  offer  this  to 
your  lordship,  that  seeing  Mr.  Oates  did  name 
so  many  particulars  and  circumstances,  it  is 
very  strange,  that  lie  should  fail  in  a  particular 
of  such  importance  as  about  killing  the  king; 
and  no  map  living  of  common  sense  would  think 
or  believe  that  I  should  speak  about  such  a 
thing  in  company  that  1  did  not  well  know,  and 
this  to  he  done  frequently  and  oftentimes,  as  he 
asserts  it;  when  Gates  seemed  u>  the  king  and 


council  (and  I  believe  the  king  himself  remem- 
ber* it)  when  I  was  examined,  that  he  did  not 
know  me,  that  he  knew  nothing  of  me,  so  that 
here  is  two  things  againn  this  witness  that  can 
hardly  happen  again. — My  circumstances  aro 
extraordinary,  and  it  is  a  great  providence,  and 
I  think  your  lordship  and  the  whole  world  will 
look  upon  it  as  such,  if  <for  any  crimes  that  are 
in  my  papers,  if  there  be  any  mercy  to  be  shew- 
ed me  by  the  king's  gracious  act  of  pardon,  I 
humbly  beg  that  I  may  have  it. 

L.  C.  J.    None. 

Colanan.  If  none,  I  do  humbly  submit ;  but 
I  do  humbly  hope  with  submission,  that  those 
papers  would  not  have  uecn  found  treasonable 
papers. 

L.  C.  J.  Those  letters  of  yours,  Mr.  Cole- 
man, were  since  the  act  of  pardon ;  yolir  papers 
bear  date  1674,  1675,  and  thpre  hath  been  no 
act  since.  But  as  for  what  you  say  concerning 
Mr.  Oates,  you  say  it  in  vain  now,  Mr.  Cole- 
man, for  the  jury  hath  given  in  their  verdict, 
and  it  is  not  now  to  be  said,  for  after  that  rate 
we  shall  have  no  end  of  any  man's  trial ;  but 
for  your  satisfaction,  Mr.  Coleman,  to  the  best 
of  my  remembrance,  Mr.  Oates  was  positive 
only  as  to  the  month  of  August,  he  thought  it 
might  be  about  the  21st  day,  or  about  Bartholo- 
mew fair  time ;  but  he  was  absolute  iu  nothing 
but  the  month. 

Colt  man.  He  was  punctual  in  all  his  other 
evidences,  but  in  this  he  was  not ;  and  when  I 
was  examined  at  the  council  table,  he  said  he 
knew  little  of  me. 

L.  C.  J.  He  charged  you  positively  for  hav- 
ing held  conspiracy  to  poison  the  king ;  and 
that  there  was  10,000/.  to  be  paid  for  ir,  and 
afterwards  there  was  5,000/.  more  to  be  added ; 
and  he  positively  charges  you  to  be  the  person 
that  amongst  all  the  conspirators  was  reputed 
to  pay  the  5,000/. 

Coleman.    He  said  it  after  such  a  fashion. 

L.  C.  J.  He  said  it  after  such  a  fashion  that 
sir  Robert  Southwell  and  sir  Thomas  Doleman 
satisfied  us  that  he  did  the  thing,  and  that 
plainly  to  his  understanding;  and  what  say  yon 
he  said  r    -  > 

Coleman.    That  he  did  not  know  me. 

L.  C.  J.  Neither  of  them  say  so,  that  be 
said  he  did  not  know  you,  they  deny  it. 

Coleman.     lie  said  so,  upon  my  death. 

L.  C.  J.  It  is  in  vain  to  dispute  it  further, 
there  must  be  an  end. 

Crier,  make  O  Yes  !  Our  sovereign  lord  the 
king  doth  straitly  charge  and  command  all  per- 
sons to  keep  stleuce  while  Judgment  is  given 
upon  the  prisoner  convict,  upon  pain  of  impri- 
sonment. 

L.  C.  J.  You  are  found  guilty,  Mr.  Cole- 
man, of  high  treason,  and  .the  crimes  are  seve- 
ral that  you  are  found  guilty  of.  You  are  found 
guilty  of  conspiring  the  death  of  the  king  ;  you 
are  likewise  found  guilty  of  endeavouring  to 
Subvert  the  Protestant  religion  as  it  is  by  law 
established,  and  to  bring  in  popery,  and  this  by 
the  aid  and  assistance  of  foreign  powers.  And 
I  would  not  have  you,  Mr.  Coleman,  in  your 


«1 


STATE  TRIALS,  50  Charles  II.  1678.— /or  High  Treason. 


[74 


list  apprehension  of  things,  to  go  out  of  the 
-world  with  a  mistake,  if  I  could  help  it ;  that  is, 
I  would  oot  have  you  think,  that  though  you 
only  seem  to  disavow  the  matter  of  the  death 
of  the  king,  that  therefore  you  should  think 
yourself  an  innocent  man.  You  are  not  ieno- 
cent,  I  am  sure;  for  it  is  apparent  by  that 
which  cannot  deceive,  that  you  are  guilty  of 
contriving  and  conspiring  the  destruction  of  the 
Protestant  religion,  and  to  bring  in  Popery, and 
that  by  the  aid  and  assistance  of  foreign  powers, 
and  this  no  man  can  free  you  in  the  least  from. 
And  know,  that  if  it  should  he  true,  that  you 
woeld  disavow,  that  you  had  not  an  actual  hand 
»  the  contrivance  of  the  king's  death  (which 
two  witnesses  have  sworn  positively  against 
yoO:  Yet  be  that  will  subvert  the  Protestant 
rdi^'on  here,  and  bring  in  consequently  a  fo- 
reign authority,  does  an  act  in  derogation  of  the 
cro*r.,  and  in  diminution  of  the  king's  title  and 
f-'.erci^n  j>ov*er,  and  endeavours  to  bring  a  fo- 
reign dominion  both  over  our  consciences  and 
estates.  And  is  any  man  shall  Endeavour  to 
subvert  our  region  to  bring  in  that,  though  he 
did  not  actoallv  contrive  to  do  it  l>v  the  death 

0 

of  the  king,  or  it  may  be  not  by  the  death  of  any 
oce  man,  yet  whatsoever  follows  upon  that 
contrivance,  be  is  guilty  of;  insomuch  it  is 
greatly  t>  be  feared,  that  though  you  meant 
oniv  to  bring  it  iu  by  the  way  of  dissolving  of 
pari taments,  or  by  liberty  of  conscience,  and 
»ch  ki.:d  or  innocent  ways  as  you  thought; 
yet  if  so  I  c  those  means  should  not  have  proved 
effectual,  and  worse  should  have  been  taken 
(though  by  others  of  your  confederates)  for  to 
go  through  with  the  work,  as  we  have  great 
reason  to  believe  there  would,  you  are  guilty 
of  all  that  blood  that  would  have  followed. 
But  still  yoa  say  you  did  not  design  that 
thing ;  but  to  tell  you,  he  that  doth  a 
sinfafc  and  unlawful  act,  must  answer,  and  is 
liable  butti  to  God  and  man,  for  all  the  con- 
sequences that  attend  it,  therefore  I  say  you 
ought  not  to  think  yourself  innocent.  It  is 
pucnbJe  yoa  may  be  penitent,  and  nothing  re- 
mams  bit  that.  And  as  I  think  in  your  church 
you  allow  of  a  thing  called  attrition,  if  yon  can- 
not with  our  church  have  contrition,  which  is 
a  sorrow  proceeding  from  love,  pray  make  use 
of  attrition,  which  is  a  sorrow  arising  from  fear. 
For  yoa  may  assure  yourself,  there  are  hut  a 
few  moments  betwixt  you  and  a  vast  eternity 
where  will  be  no  dallying,  no  arts  to  be  used, 
therefore  tfeinfc  on  all  the  good  you  can  do  in 
tins  little  apace  of  time  that  is  left  you  ;  all  is 
little  enough  to  wipe  off  (besides  your  private 
aod  secret  offences)  even  your  public  pues.  1 
do  know  that  confession  is  very  much  owned  in 
your  church,  and  you  do  well  in  it ;  but  as  your 
offence  is  public,  so  should  your  confession  be; 
md  it  will  do  you  more  service  than  all  your 
aoricoJar  confessions.  Were  I  in  your  case, 
there  should  be  nothing  at  the  bottom  of  my 
heart  that  I  would  not  disclose.  Perchance 
yau  may  be  deluded  with  the  fond  hopes  of 
baring  your  sentence  respited.  Trust  not  to 
it,  Mr.  Coleman.     You  may  be  flattered  to 


stop  your  mouth,  till  they  have  stopped  your 
breath,  and  I  doubt  you  will  find  that  to  be  the 
event.  I  think  it  becomes  yo«i  as  a  man,  and  as 
a  christian,  to  do  all  that  is  now  in  your  power, 
since  you  cannot  be  white,  to  make  yourself  as 
clean  as  you  can,  and  to  fit  yourself  for  another 
world,  where  you  will  see  how  vain  all  resolu- 
tions of  obstinacy,  of  concealment,  and  all  that 
sort  of  bravery  which  perhaps  may  be  instilled 
by  some  men,  will  prove.  They  will  not  then 
serve  to  lessen,  hut  they  will  add  to  your  fault. 
It  concerns  us  no  farther  than  for  your  own  good, 
and  do  as  God  shall  direct  yon ;  for  the  truth  is, 
there  are  persuasions  and  inducements  in  your 
church  to  such  kind  of  resolutions  and  such  kind 
of  actious,  which  you  are  Jed  into  by  false 
principles  and  false  doctrines  (and  so  you  will 
find  when  you  come  once  to  experiment  it,  as 
shortly  you  will)  that  hardly  the  religion  of  a 
Turk  would  own.  But  when  Christians  by  any 
violent  bloody  act  attempt  to  propagate  religion, 
they  abuse  both  their  disciples  and  religion  too, 
aod  change  that  way  that  Christ  himself  taught 
us  to  follow  him  by.  It  was  not  by  blood  or 
violence;  by  no  single  man's  undertaking  to  dis- 
turb and  to  alter  governments ;  to  make  hurly- 
burhes,  and  all  the  mischiefs  that  attend  soch 
things  as  these  are. 

For  a  church  to  persuade  men  even  to  the 
committing  of  the  highest  violences  under  a 
pretence  of  doing  God  good  service,  looks  not 
(in  my  opinion)  like  religion,  but  design  ;  like 
an  engine,  not  a  holy  institution;  artificial  as 
a  clock,  which  follows  not  the  sun  but  the  set* 
ter  ;  goes  not  according  to  the  bible,  but  the 
priest,  whose  interpretations  serve  their  par- 
ticular ends,  and  those  private  advantages 
which  true  religion,  would  scorn,  and  natural 
religion  itself  would  not  endure.  I  have,  Mr. 
Coleman,  said  thus  much  to  you  as  you  are  a 
christian,  and  as  1  am  one,  and  I  do  it  out  of 
great  charity  and  compassion,  nnd  with  great 
sense  and  sorrow  that  you  should  be  misled  to 
these  great  offences  under  pretence  of  religion. 
But  seeing  you  have  but  a  little  time,  1  would 
have  you  make  use  of  it  to  your  best  advan- 
tage ;  for  I  tell  you,  that  though  death  may  be 
talked  of  at  a  distance  in  a  brave  heroic  way, 
yet  when  a  man  once  comes*,  to  the  minute, 
death  is  a  very  serious  thing;  then  you  will 
consider  how  trifling  all  plots  and  contrivances 
are,  and  to  how  little  purpose  is  all  your  con- 
cealments. I  only  oner  these  things  to  your 
thoughts,  and  perhaps  they  may  better  godown 
at  such  n  time  as  this  is  than  at  another ;  and 
if  they  have  no  effect  upon  you,  I  hope  they 
will  have  some  as  to  my  own  paiticular,  iu  that 
I  have  done  my  good  will.  I  do  remember 
you  once  more,  that  in  this  mutter  you  be  out 
deluded  with  any  fantastic  hopes  and  expecta- 
tions of  a  pardorf,  for  the  truth  is,  Mr.  Cole- 
man, you  will  be  deceived  ;  therefore  set  yoor 
heart  at  rest,  for  we  are  at  this  time  in  such  dis- 
orders, and  the  people  so  continually  alarmed 
either  with  secret  m orders,  or  some  outrages 
and  violences  that  are  this  day  on  foot,  that 
though  the  king,  who  is  foil  of  mercy  almost 


75]  STATE  T&iALS,  30  Charles  1L 

to  a  Aiuit,  yet  if  lie  should  be  inclined  that  way 
I  ?eri!y  believe  both  Houses  would  interpose 
between  that  and  you.  I  speak  cliis  to  shake 
off  all  vain  hopes  from  you ;  for  I  tell  you,  I 
verily  believe  they  would  not  you  should  have 
any  twig  to  hold  by  to  deceive  you :  so  that  now 
you  may  look  upon  it,  there  is  nothing  will 
save  you,  for  you  will  assuredly  die  as  now  you 
Kve,  and  that  very  suddenly.  ^  In  which  I  hav- 
ing discharged  my  conscience  to  you  as  a 
christian,  I  will  now  proceed  lo  pronounce  Sen- 
tence against  you,  and  do  my  duty  as  a  judge. 

You  shall  return  to  prison,  from  theuce  to 
be  drawn  to  the  place  of  execution,  where  you 
shall  he  hanged  by  the  neck,  and  be  cut  down 
alive,  your  bowels  burnt  before  your  face,  and 
your  quarters  severed,  and  your  body  disposed 
of  as  the  king  thinks  fit ;  and  so  the  Lord  have 
mercy  upon  your  soul. 

Coleman.  My  lord,  I  humbly  thank  your 
lordship,  and  I  do  admire  your  charity,  that 
you  would  be  pleased  to  give  me  this  admirable 
counsel,  and  I  will  follow  it  as  well  as  I  can, 
and  £  beg  your  lordship  to  hear  me  what  I  am 
going  to  say:  Your  lordship,  most  chiibUun- 
like,  hatb  observed  wisdv,  that  concession  is 
extremely  necessary  to  a  dying  man,  and  I  do 
so  too;  but  that  confession  your  lordship  I 
suppose  means,  is  of  a  guilty  evil  conscience 
in  any  of  these  points  that  I  am  condemned 
for,  '  Of*  maliciously  contriving/  &c.  If  I 
thought  I  had  any  such  guilt,  I  should  as- 
suredly think  myself  damned  now  I  am  going 
out  of  the  world  by  concealing  them,  in  spite  of 
all  pardons  or  indulgences,  or  any  act  that  the 
Pope  or  the  Church  of  Home  could  do  for  me, 
as  I  believe  any  one  article  of  faith.  Therefore 
pray  hear  the  words  of  a  dying  man;  I  have 
made  a  resolution,  I  thank  God,  not  to  tell  a 
lie,  no  not  a  single  lie,  not  to  save  my  life.  I 
hope  God  will  not  so  far  leave  me  as  to  let  me 
do  it ;  and  I  do  renounce  all  manner  of  mercy 
teat  God  can  shew  me,  if  I  have  not  told  the 
House  of  Commons,  or  offered  it  to  the  House 
of  Commons,  nil  that  I  know  in  my  whole  heart 
toward  this  business ;  and  I  never  in  all  my  life 
either  made  any  proposition,  or  received  any 
proposition,  or  knew  or  beard  directly  or  in* 
directly  of  any  proposition  towards  the  sup- 
planting or  invading  the  king's  life,  crown  or 
dignity,  or  to  make  any  invasion  or  disturbance 
to  introduce  any  new  government,  or  to  bring 
in  popery  by  any  violence  or  force  in  the  world; 
if  I  have,  my  lord,  been  mistaken  in  my  me- 
thod, as  I  will  not  say  but  I  might  have  been ; 
for  if  two  men  differ,  one  must  be  mistaken ; 
therefore  possibly  I  might  be  of  an  opinion, 
that  popery  might  come  in  if  liberty  of  con- 
science had  been  granted;  and  perhaps  all 
Christians  are  bound  to  wish  all  people  of  chat 
religion  that  they  profess  themselves,  if  they 
are  in  earnest :  1  will  not  dispute  those  ills  that 
your  lordship  may  imagiue  to  be  in  the  Church 
of  Rome;  if  I  thought  there  was  any  in  them,  I 
would  be  sure  to  be  none  of  it.  I  have  no  de- 
sign, my  lord,  at  all  in  religion  but  to  be  saved; 
and  I  had  do  manner  of  invitation  to  invite  me 

7 


167S.— TYial  qf  Edward  Coleman, 


[76 


|  to  the  Church  of  Rome,  no  not  one,  but  to  be 
saved ;  ii  I  am  out  of  tne  way,  I  am  out  of  the 
way,  as  to  the  next  world  as  well  as  this;  I  have 
nothing  but  a  sincere  conscience,  and  I  desire 
to  follow  it  as  I  ought.  I  do  confess  I  am 
guilty  of  many  crime*,  and  I  am  afraid  all  of 
us  arc  guilty  in  some  measure,  of  some  failings 
and  infirmities ;  but  in  matters  of  this  nature 
that  1  now  stand  condemned  for,  though  I  do 
not  at  all  complain  of  the  court;  for  I  do  con- 
fess I  have  had  all  the  fair  play  imaginable,  and 
I  have  nothing  at  all  to  say  against  it;  but  I 
say  as  to  any  one  act  of  mine,  so  far  as  acts 
require  intention  to  make  them  acts,  as  all  hu- 
man acts  do,  I  am  as  innocent  of  any  crime 
that  I  now  stand  charged  as  guilty  of,  as  vtfien 
I  was  first  born. 

L.  C.  J.   That  is  not  possible. 

Coleman.  With  submission,  I  do  not  say  in- 
nocent as  to  any  drime  in  going  against  any 
act  of  parliament,  then  it  is  a  crime  to  hear 
mass,  or  to  do  any  act  that  they  prohibit;  but 
for  ii.t£ndiu;i  aud  endeavouring  to  bring  in  that 
religion  by  the  aid  and  assistance  of  the  king 
of  France,  I  never  intended  nor  meant  by  that 
aid  and  assistance,  any  force  in  the  world,  bat 
such  aids  and  assistances  as  might  procure  us 
liberty  of  conscience.  My  lord,  if  in  what  I 
have  said  nobody  believes,  me,  I  must  be  con* 
tent ;  if  any  do  believe  me,  then  I  have  wiped 
off  those  scandalous  thoughts  and  abominable 
crimes,  that,  &c  and  then  I  have  paid  a  little 
debt  to  truth. 

L.  C.  J.  One  word  more,  and  I  have  done. 
I  am  sorry,  Mr.  Coleman,  that  I  have  not 
charity  enough  to  believe  the  words  of  a  dying 
man ;  for  I  will  tell  you  what  sticks  with  me 
very  much :  I  cannot  be  persuaded,  and  no- 
body can,  but  that  your  Correspondence  and 
Negociations  did  continue  longer  than  the  Let* 
ters  that  we  have  found,  that  is,  after  1675. 
Now  if  you  had  come  and  shown  us  your  Books 
and  Letters,  which  would  have  spoke  for  them- 
selves, .1  should  have  tliought  then  that  yon 
had  dealt  plainly  and  sincerely,  and  it  would 
have  been  a  mighty  motive  to  have  believed 
the  rest;  for  certainly  your  correspondence 
held  even  to  the  time  of  your  appreliensioss, 
and  yon  have  not  discovered  so  much  as  one 
paper,  but  what  was  found  unknown  to  you, 
and  against  your  will. 

Coleman.  Upon  the  words  of  a  dying  man, 
and  upon  the  expectation  1  have  of  salvation, 
I  tell  your  lordship,  that  there  is  not  a  book  nor 
a  paper  in  the  world  that  I  have  laid  aside 
voluntarily. 

X.  C.  X-  No,  prrhaos  you  have  burnt  them. 

Coleman.  Not  by  tne  living  God. 

L.  C.  J.  I  hope,  Mr.  Coleman,  you  will  not 
say  no  maimer  of  way. 

Colzman.  For  my  correspondence  these  two 
last  years  past,  I  have  given  an  (account  of 
every  letter ;  but  those  that  were  common  let* 
ters,  and  those  books  that  were  in  my  house, 
what  became  of  them  I  know  not ;  they  were 
common  letters  that  I  used  to  write  every  day, 
a  common  journal  what  put  at  home  and 


STATE  TRIALS,  30  Charles  II.  1078.— /or  High  Treason. 


abroad.    My  men  they  writ  there  out  of  that 
book. 
L.CJ.    What  became  of  those  letters  ? 
Coleman.    I  h-H  no  letters  about  this  bosi- 
aess,  but  wbatl  have  declared  to  the  House  of 
Commons,  that  is,  letters  from  St.  Germans, 
which  I  owned  to  the  Hoose  of  Commons;  and 
I  had  no  methodical  correspondence,  and  I 
sever  valued  them  nor  regarded  them,  but  as. 
they  came  1  destroyed  tbem. 

L.C.J.  I  remember  the  last  letter  that  is 
ptea  is  evidence  against  you,  discovers  what 
mighty  hopes  there  was,  tbat  tbe  time  was  now 
come  wherein  that  pestilent  heresy,  that  bath 
domineered  in  this  northern  part  of  the  world, 
should  be  extirpated  ;  and  that  there  never  was 
greater  hopes  o£  it  since  our  queen  Mary's 
icigs.  Pray,  Mr.  Coleman,  was  that  the  con- 
doling letter  in  this  affair  ? 

Coimnn.     Give  me  leave  to  say  it  upon  the 
word  of  a  dying  man,  I  have  not  one  letter,  &c 
JL  C.J.    What  though  you  burnt  your  let- 
tea,  you  may  recollect  the  contents. 
Cocoa*.    I  had  none  since — 
X.  C  J.   Between  God  and  your  conscience 
be  it,  I  have  other  apprehensions;  and  you 
deserve  your  Sentence  upon  you  for  your  of- 
feaoes,  that  visibly  appear  out  of  your  own 
papers,  that  you  do  not,  and  cannot  deny. 
Coleman.  '  I  as  ftatisfied.     But  seeing  my 
b  hot  sliortv  may  I  npt  be  permitted  to 
some   immediate  friends,  and  my  poor 
wife  to  have  her  freedom  to  speak  with  me, 
aad  stay  with  me  that  little  time  that  I  have, 
that  I  might  speak  something  to  her  in  order 
to  her  living  and  my  dying  ? 

L.  C.  J.  You  say  well,  and  it  is  a  hard  case 
to  deny  it;  but  I  tell  you  what  hardens,  my 
heart,  the  insolencics  of  your  party  (tbe  Roman 
Catholics  I  mean)  that  they  every  day  offer, 
which  »  indeed  a  proof  of  their  Plot,  that  they 
are  so  bold  and  impudent,  and  such  secret 
sunders  committed  by  them,  as  would  harden 
any  man's  heart  to  do  the  common  favours  of 
justice  and  charity,  that  to  mankind  are  usually 
done :  they  are  so  hold  and  insolent,  that  I 
think  it  is  not  to  be  endured  in  a  Protestant 
kingdom ;  but  for  my  own  particular,  I  think 
it  a  a  very  bard  thing  for  to  deny  a  man  the 
of  hi*  wife,  and  his  friends,  so  it  be 


done  with  caution  and  prudence.  Remember 
that  the  Plot  is  on  foot,  and  I  do  not  know 
what  arts  the  priests  have,  and  what  tricks 
thty  use ;  and  therefore  have  a  care  that  no 
papers,  nor  any  such  thing,  be  sent  from  him. 

Coleman.    I  do  not  design  it,  I  am  sure. 

X.  C.  J.  But  for  the  company  of  his  wife 
and  his  near  friends;  or  any  thing  in  that  kind, 
that  may  be  for  his  eternal  good,  and  as  much 
for  bis  present  satisfaction  that  he  can  receive 
now  in  the  condition  that  he  is  in,  let  him  have 
it;  but  do  it  with  care  and  caution. 

Capt.  Richardson.  What,  for  them  to  be 
private  alone  ? 

L.  C.  J.  His  wife,  only  she,  God  forbid  else. 
Nor  shall  you  he  denied  any  Protestant  minister. 

Coleman.  But  shall  not  my  cousin  Coleman 
have  liberty  to  come  to  me? 

X.  C.  J.   Yes,  with  Mr.  Richardson. 

Coleman.  Or  his  servant;  because'  it  is  a 
great  trouble  for  him  to  attend  always. 

X.  C  J.  If  it  be  his  servant,  or  any  he  shall 
appoint,  it  is  all  one.  Mr.  Richardson,  use 
bim  as  reasonably  as  may  be,  considering  the 
condition  he  is  in. 

Cler.  Cr.    Have  a  care  of  your  prisoner. 

On  Tuesday  the  3d  of  December  following, 
Edward  Coleman  was  drawn  on  a  sledge  frpm 
Newgate  to  Tyburn ;  and  being  come  thither, 
he  declared  that  he  had  been  a  Roman  Catho- 
lic for  many  years,  and  that  he  thanked  God 
he  died  in  that  religion,  and  he  did  not  think 
that  religion  at  all  prejudicial  to  the  king  and 
government. 

The  Sheriff  told  him,  if  he  had  any  thing  to 
say  by  way  of  confession  or  contrition,  he  might 
proceed,  otherwise  it  was  not  seasonable  for 
aim  to  go  on  with  such  like  expressions.  Being 
asked  if  he  kpew  any  thing  of  the  murder  of 
sir  Edmund.  Godfrey,  he  declared  upon  the 
words  of  a  dying  man,  he  knew  not  arty  thing 
of  it,  for  that  he  was  a  prisoner  at  that  time. 
Then  after  some  private  prayers  and  ejacula- 
tions to  himself,  the  sentence  was  executed. 

He  had  been  made  to  believe,  that  he  should 
have  a  pardon,  which  he  depended  on  with  so 
much  assurance,  that  a  little  before  lie  was 
turned  off,  finding  himself  deceived,  he  was 
heard  to  say,  '  There  is  no  faith  in  man/ 


79]         STATE  TRIALS,  30  Charles  II.  1 678.^7>w/  of  Ireland,  Pickering,        [80 


245.  The  Trial  of  William  Ireland,  Thomas  Pickering, 
and  John  Grove,  at  the  Old  Bailey,  for  High  Treason: 
30  Charles  II.  a.d.  1678* 


ON  Tuesday  the  17th  day  of  December,  1678, 
Thomas  White  alias  Whitebread,  Win.  Ireland, 
John  Fen  wick,  Thomas  Pickering  and  John 
Grove,  were  brought  from  his  majesty's  gaol  of 
Newgate  to  the  Sessions-house  at  Justice-Hall 
in  the  Old  Bailey,  being  there  indicted  for  High 
Treason,  for  contriving  and  conspiring  to  mur- 
der the  king,  to  receive  their  trial ;  and  the 
Court  proceeded  thereupon  as  fulloweth: 

The  Court  being  sat,  proclamation  was  made 
for  attendance,  thus : 

Clerk  of  Crown,    Crier,  make  proclamation. 

(frier.  O  yes,  O  yes,  O  yes !  All  manner  of 
persons  that  have  any  thing  to  do  at  this  gene- 
ral sessions  of  the  peace,  sessions  of  Oyer  and 
Terminer  holden  for  the  city  of  London,  and 
gaol-delivery  of  Newgate,  holden  for  the  city  of 
London  and  county  of  Middlesex,  draw  near 
and  give  your  attendauce,  for  now  the  Court 
will  proceed  to  the  pleas  of  the  crown  for  the 
same  city  and  county.    God  save  the  king. 

Cl.ofCr.    Crier,  make  proclamation. 

Crier.  O  yes  !  All  manner  of  persons  are 
commanded  to  keep  silence  upon  pain  of  impri- 
sonment.    Peace  about  the  Court. 

CLofCr.    Crier,  make  proclamation. 

Crier.  O  yes  !  You  good  men  of  the  county 
of  Middlesex  that  are  summoned  to  appear 
here  this  day,  to  enquire  between  our  sovereign 
lord  the  king  and  the  prisoners  that  are  and 
shall  be  at  the  bar,  answer  to  your  names  as  you 
shall  be  called,  every  one  at  the  first  call,  and 
save  your  issues. 

The  Jurors  being  called  and  the  defaulters 
recorded,  the  Clerk  of  the  Crown  called  for  the 
prisoners  to  the  bar,  viz.  Thomas  White  alias 
Whitebread,  William  Ireland,  John  Fen  wick, 
Tho.  Pickering  and  John  Grove,  and  arraigned 
them  thus : 

CI.  of  Cr.  Thomas  White  alias  White- 
bread,  hold  up  thy  hand  :  Which  he  did.  Wil- 
liam Ireland,  hold  up  tby  hand  :  Which  he  did. 
John  Fenwick,  hold  up  thy  hand  :  Which  he 

*  From  a  pamphlet,  intitled  :  "  The  Trials 
of  William  Ireland,  Thomas  Pickering,  and 
John  Grove;  for  conspiring  to  Murder  the 
King:  who  upon  full  evidence  were  found 
Guilty  of  High  Treason,  at  the  Sessions-House 
in  the  Old  Bailey,  December  17, 1678.  And 
received  Sentence  accordingly.  London,  print- 
ed for  Robert  Pawlet  at  the  Bible  in  Chancery- 
lane,  near  Fleet-street,  1678.    '  December  17, 

*  1678.  I  do  appoint  Robert  Pawlet  to  print 
<  the  Trials  of  William  Ireland,  Thomas  Picker- 

*  iog,  and  John  Grove :  And  that  no  other 
'  person  presume  to  print  the  same.  William 
•Scrooos.'" 

*  See  the  Introduction  to  the  Trials  for  the 
Popish  Plot;  ante,  vol.  6,  p*  J430. 


did.  Thomas  Pickering,  hold  up  thy  hand  : 
Which  he  did/  John  Grove,  hold  up  thy  hand : 
Which  he  did. 

You  stand  indicted  by  the  names  of  Thomas 
White  alias  Whitebread,  hue  of  the  parish  of 
St.  Giles  in  the  fields,  in  the  county  of  Middle- 
sex, clerk  :  William  Ireland,  late  of  the  same 
parish  and  county,  clerk  :  John  Fenwick,  late 
of  rhe  same  parish  and  county,  clerk  :  Thomas 
Pickering,  late  of  the  same  parish  aud  county, 
clerk  :  and  John  Grove,  late  of  the  same  parish 
and  county,  gent.  For  that  you  five,  as  false 
traitors,  &c.  against  the  peace  of  our  sovereign 
lord  the  king,  his  crown  and  dignity,  and 
against  the  form  of  the  statute  in  that  case 
made  and  provided.  How  sayest  thou,  Thomas 
White  alias  Whitebread,  art  thou  Guilty  of  this 
High  Treason  whereof  thou  standest  indicted, 
or  Not  Guilty  ? 

Whitebread.    Not  Guilty. 

CI.  of  Cr.    Culprit,  how  wilt  thou  be  tried  ? 

Whitebread.     By  God  and  ray  Country. 

CL  of  Cr.  God  send  thee  a  good  delirer- 
ance.  How  sayest  thou,  William  Ireland,  art 
thou  Guilty  of  the  same  High  Treason,  or  Not 
Guilty  ? 

Ireland.    Not  Guilty. 

CL  of  Cr.    Culprit,  how  wilt  thou  be  tried  ? 

Ireland.     By  God  and  my  Country. 

CI.  of  Cr.  God  seud  thee  a  good  deliver- 
ance. How  sayest  thou,  John  Fen  wick,  art 
thou  Guilty  of  the  same  High  Treason,  or  Not 
Guilty  ? 

Fenwick.    Not  Guilty. 

Cl.ofCr.    Culprit,  how  wilt  thou  he  trie'd  ? 

Fenwick.    By  God  and  my  Country. 

CI.  of  Cr.  God  send  thee  a  good  deliver- 
ance. How  sayest  thou,  Thomas  Pickering,  art 
thou  Guilty  of  the  same  High  Treason,  or  Not 
Guilty  ? 

Pickering.    Not  Guilty. 

CL  ofCr.    Culprit,  how  wilt  thou  be  tried  ? 

Pickering.    By  God  and  my  Country. 

CL  of  Cr.  God  send  thee  a  good  deliver- 
ance. How  sayest  thou,  John  Grove,  art 
thou  Guilty  of  the  same  High  Treason,  or  Not 
Guilty? 

Grove.    Not  Guilty. 

CL  of  Cr.    Culprit,  how  wilt  thou  be  tried  ? 

Grove.    By  God  aud  my  Country. 

CL  of  Cr.  God  send  thee  a  good  deliver- 
ance. You  the  prisoners  at  the  bar,  those  men 
that  you  shall  hear  called  and  do  personally 
appear,  are  to  pass  between  our  sovereign  lord 
the  king  and  you,  upon  trial  of  your  several 
lives  and  deaths ;  if  therefore  you  or  any  of 
you  will  challenge  them  or  any  of  them,  your 
time  is  to  speak  unto  them  as  they  come  to  the 
book  Co  be  sworn,  before  they  be  sworn.  Sir- 
Philip  Matthews  to  the  book. 


SI]     STATE  TRIALS;  SO  CaUium  II.  107*— earf  Grim,  Jot  High  7V*n*s*.      [Si 


Sir  Phim  Mmltktm*.    I  desire  shr  William 
Boberts  may  be  called  first.      Which  was 


CL  if  Cr.  Sir  William  Roberts  to  the 
look.  Look  -upon  the  prisoners.  Yoo  shall 
well  and  truly  try,  and  true  deliverance  make 
between  oar  sovereigu  lord  the  king  and  the 
prisoners  at  the  bar,  whom  yoo  shall  have  in 
toot  coarse*  according  to  your  evidence.  So 
help  you  Dud. 

The  same  oath  was  administered  to  the  rest, 
the  prisoners  challenging  node,  and  their  names 
in  order  were  thus :  Sir  William  Roberts,  hf. ; 
sir  Philip  Matthews,  bt. ;  sir  Charles  Lee,  kt. ; 
Edward  Wiltord,  esq.;  John  Foster,  esq.; 
Joshua  Gailiard,  esq. ;  John  Byfield,  esq. ; 
Thomas  Erieaeeld,  esq. ;  Too.  Johnson,  esq. ; 
John  Putford,  esq.;  Thomas  Earnesby,  esq. ; 
Richard  Wheeler,  gent. 

CL  tf  Cr9    Crier,  count  these.    Sir  William 


Crier.    One,  otc. 

CL  •/  Cr.    Richard  Wheeler. 

Crier.  Twelve  good  men  and  true,  stand 
together  and  hear  your  evidence.  - 

CL  ofCr.     Crier,  make  proclamation. 

Crier.  O  yes  !  If  any  one  can  inform  my 
Lords  the  king's  Justices,  the  king's  Serjeant, 
the  king's  Attorney,  or  this  Inqnest  now  to  be 
taken  between  oor  sovereign  lord  the  king  and 
the  prisoners  at  the  bar,  let  -them  come  forth 
and  they  shall  be  heard,  for  now  the  prisoners 
stand  at  the  bar  upon  their  deliverance :  and 
all  others  that  are  bound  by  recognizance  to 
give  evidence  against  any  of  the  prisoners  at 
the  bar,  let  them  come  forth  and  give  their 
evidence,  or  else  they  forfeit  their  recognis- 
ance. And  all  jurymen  of  Middlesex  that 
have  been  summoned  and  have -appeared,  and 
,  may  depart  the  court  and  lake 


CL  a/  Cr.     Make  proclamation  of  silence. 
Crier.    O  yes !  All  manner  of  persons  are 
'  to  keep  silence,  upon  pain  of  im- 


CL  <f  Cr.  Thomas  White  alias  Whitebread, 
hold  eptby  band:  Which  he  did,  and  so  of  the 
You  that  are  sworn,  look  upon  the  pri- 
aod  hearken  to  their  cause. 

Yoo  shall  understand,  that  they  stand  in* 
by  the  names  of  Thomas  White  other- 
Whitebread,  late  of  the  parish  of  St. 
Goes  in  the  Fields  m  the  county  of  Middlesex, 
dark;  William  Ireland,  late  of  the  same  pa- 
risk  in  the  county  aforesaid,  clerk ;  John 
Fenwick,  fete  of  the  same  parish  in  the  coun- 
ty aastetaid,  clerk;  Thomas  Pickering,  late  of 
thoseine  Parish  in  the  county  aforesaid,  clerk ; 
sad  John  Grove,  late  of  the  tame  parish  in  the 
county  aforesaid,  gentleman :  For  tliat  they  as 
fosse  traitors  of  the  most  illustrious,  serene,  and 
most  excellent  prince,  our  sovereign  lord 
Charles  3,  by  the  grace  of  God  of  England, 
Scotland,  France,  and  Ireland,  king,  defender 
af  the  faith,  Sic.  theirs  supreme  and  natural 
lord,  not  having  the  fear  of  God  in  their  hearts, 
tor  the  duty  of  their  allegiance  any  ways 

tot.  Til, 


weighing,  but  being  moved  and  seduced  by 
the  Mitigation  of  the  devil,  the  cordial  love, 
and  tree,  due,  and  natural  obedience,  which 
true  and  faithful  subjects  of  our  said  sovereign 
lord  the  king  towards  our  said  sovereign  lord 
the  king  should  and  of  right  ought  to  bear,,  al- 
together withdrawing,  and  endeavouring,  and 
with  their  whole  strength  intending,  Che  peace 
and  common  tranquillity  of  this  kingdom  of 
England  to  disturb,  and  the  true  worship  of 
God  within  this  kingdom  of  England  used,  and 
by  law  established;  to  overthrow ;  and  to  move, 
stir  up,  and  procure  rebellion  .within  this  king- 
dom of  England,  and  the  cordial  love,  and  true 
and  due  obedience,  which  true  and  faithful 
•objects  of  our  said  sovereign  lard  the  king 
toward  our  said  sovereign  lord  the  king  should 
and  of  right  ought  to  bear,  wholly  to.  withdraw, 
vanquish,  and  extinguish,  and  our  said  sove- 
reign lord  the  king  to  death  and  final  destruc- 
tion to  bring  and  put,  the  24th  day  of  April,  in 
the  year  of  the  reign  of  our  said  sovereign  ford 
Charles  «,  by  the  grace  of  God  of  England,  Scot- 
land, France,  and  Ireland,  king,  defender  of  the 
Faith,  etc.  the  30th,  at  the  parish  of  St.  Giles 
in  the  Fields  aforesaid,  in  the  county  of  Mid- 
dlesex aforesaid,  falsely,  maliciously,  deceit- 
folly,  advisedly,  and  traitorously,  they  did 
propose,  compass,  imagine,  and  iotend  to  stir 
up,  move,  and  procure  sedition  and  rebellion 
within  this  kingdom  of  England,  and -to  procure 
and  cause  a  miserable  slaughter  among  the  sub* 
jects  of  our  said  sovereign  lord  the  king,  and 
wholly  to  deprive,  depose,  throw  down,  and 
disinherit  our  said  sovereign  lord  the  king  from 
his  royal  state,  title,  power,  and  government 
of  this  his  kingdom  of  England,  and  him  our 
said  sovereign  lord  the  king  to  put  to  death,  and 
utterly  to  destroy,  and  the  government  of  this 
kingdom  of  England,  and  the  sincere  religion 
and  worship  of  God  in  the  same  kingdom, 
rightly  and  by  the  laws  of  the  same  kingdom 
established,  for  their  will  and  pleasure  to 
change  and  alter,  and  wholly  to  subvert  and 
destroy  the  state  of  the  whole  kingdom,  being 
in  all  parts  thereof  well  instituted  and  ordered, 
^and  to  levy  war  against  oor  said  sovereign  lord 
the  king  within  this  bis  realm  of  England:  And 
'  to  fulfil  and  bring  to  pass  these  their  most  wick- 
ed treasons  and  traitorous  designs  and  pur- 
poses aforesaid,  they  the  said  Thomas  White 
otherwise  Whitebread,  William  Ireland,  John 
Fen  wick,  Thomas  Pickering,  and  John  Grove, 
and  other  faUe  traitors  unknown,  the  said  34th 
day  of  April,  in  the  said  30th  year  of  the  reign' 
of  our  said  lord  the  kins;,  with  force  and  arms, 
etc.  at  the  parish  of  St.  Giles  in  the  Fields 
aforesaid,  in  the  county  of  Middlesex  afore- 
said, falsly,  maliciously,  deceitfully,  advisedly,* 
devilishly,  and  traitorously  did  assemble,  unite,' 
and  gather  themselves  together,  and  then  and 
there  falsly,  maliciously,  deceitfully,  advisedly, 
devilishly,  and  traitorously  they  did  consult  and 
agree  to  put  and  bring  our  said  sovereign  lord 
the  king  to  death  and  final  destruction,  and  to 
alter  and  change  the  religion  rightly  and  by  the 
laws  of  the  ssme  kingdom  established,  to  the 

G 


88]        STATE  TRIALS,  SO  Cnaaxw  IL  \6n~Trml  tf  Ircl**L  Pickering.       [tt 

superstition  of  die  ebureb  of  Bom« ;,  and  the 
sooner  to  .bring  to  pass  and  accomplish  tho 
tame  their  moat  wicked  treasons  ami  traitorous 
imaginations  and  purposes  aforesaid,  they  the 
said  Thomas  White  otherwise  Whitebread, 
William  Ireland,  John  Fen  wick,  Thomas 
Pickering,  John  Grove,  and  other  fake  trait 
tors  of  oar  said  sovereign  lord  the  king  un- 
known, afterwards  (to  wit)  the  said  24th  day  of 
April,  in  the  said  30th  year  of  the  roign  of  out 
said  sovereign  lord  the  king,  at  the  said  parish 
of  St.  Giles  in  the  Fields,  in  the  county  ot  Mid* 
dleaex  aforesaid,  falsely,  deceitfully,  advisedly, 
maliciously, devilishly,  and  traitorously  they  did 
consult  and  agree,  that  they  the  said  Thomas 
Pickering  and  John  Grove  should  kill  and  mur- 
der our  said  sovereign  lord  the  king :  And  that 
they  the  said  Thomas  White  otherwise  White- 
bread,  William  Ireland,  John  Feowick,  and 
other  false  traitors  unknown,  should  therefore 
say,  celebrate,  and  perform  a  certain  number 
of  masses  (then  and  there  agreed  on  among 
them)  for  the  good  of  the  soul  of  the  said  Tho- 
mas Pickering,  and  should  therefore -pay  to  the 
said  John  Grove  a  certain  sum  of  money  (then 
and  there  also  agreed  on  among  them) :  And 
furthers  that  the  said  Thomas  Pickering  and 
John  Grove  upon  the  agreement  aforesaid,  then 
and  there  falsely,  deceitfully,  advisedly,  mali- 
ciously, devilishly,  and  traitorously  -did  under- 
take, and  to  the  said  Thomas  White  otherwise 
Whitebread,  WiHiam  Ireland,  John  Fen  wick, 
and  other  false  traitors  of  our  said  sovereign 
bard  the  king  unknown,  then  and  there  falsely, 
deceitfully,  advisedly,  maliciously,  devilishly, 
and  traitorously  tbey  did  then  and  there  pro- 
mise, that  they,  the  said  Thomas  Pickering  and 
John  Grove  our  said  sovereign  lord  the  king 
would,  kill  and  murder :  And  further,  that 
tbey  .  the  said  Thomas  White  otherwise 
Whitebread,  William  Ireland,  John  Fen  wick, 
Tliomas  Pickering,  and  John  Grove,  and  other 
faketraitors  of  oar  said  sovereign  lord  the  king  un- 
known, afterwards  to  wit  the  .said  24th  day  of 
April,iu  the  said  30th  year  of  the  reign  of  our  said 
sovereign  lord  the  king,  at  the  said  parish  of 
St.  Giles  in  the  fields  in  the  county  of  Middle- 
sex aforesaid,  falsely,  decei  til  oily,  advisedly, 
maliciously,  devilishly,  and  traitorously,  did 
severally  plight  their  faith  every  one  to 
other ,of  them,  and  did  tlwu  and  there  swear 
and  promise  upon  the  Sacrament,  to  conceal 
and  not  to  divulge  their  said  most  wicked  trea- 
sons, and  traitorous  compassings,  consultations, 
and  purposes  aforesaid,  so  among  them  had, 
traitorously  to  kill  and  murder  our  said  so- 
vereign lord  the  king,  and  to  introduce  the 
Roman  religion,  to  be  used  within  this  king- 
dom of  England,  and  to  alter  and  change  the 
true  reformed  religion,  rightly  and  by  the  laws 
of  this  kingdom  of  England  in  this  same  kingdom, 
of  England  established ;  And  further,  that  tbey 
the  said  Thomas  Pickering  and  John  Grove,  in 
execution  of  their  said  traitorous  agreement, 
afterwards,  to  wit,  the  said  84th  day  of  April, 
in  the  said  30th  year  of  toe  reign  of  our  said 
sovereign  lprd  the  king,  and  divers  other  days 


and  times  afterwards  at  the  said  pariah  of  St. 
Giles  in  the  fields  and  in  the  said  county  of 
Middlesex,  falsely,  deceitfully,  advisedly,  s»« 
liciousiy,  devilishly,  and  traitorously,  tbey  did 
prepare  and  obtain  to  themselves,  and  bad  and 
did  keep  musquets,  pistols,  swords*  daggers, 
and  other  offensive  and  cruel  weapons  and  in* 
strumenrs,  to  kill  and  murder  our  said  sovereign 
lord  the  king  ?  And  that  they  the  said  Thomas 
Pickering  and  John  Grove  afterwards^  to  wit, 
the  said  24th  day  of  April,  in  the  said  86th 
year  of  the  reign  of  our  said  sovereign  lord  the 
king>  and  divers  days  and  times  afterwards  with 
force  and  arms,  &c.  at  the  said  parish  of  St.: 
Giles  in  the  Fields  iu  the  county  of  Middlesex 
aforesaid,  and  in  other  places  within  the  said 
county  of  Middlesex,  falsely,  deceitfully,  ad* 
yisedly,  maliciously,  and  traitorously,  did  lie 
in  wait,  and  endeavour  to  kill  and  murder  ou* 
said  sovereign  lord  the  king ;  and  further,  that 
they  the  said  Thomas  White  otherwise  Wnite-i 
bread,  William  Ireland,  John  Fenwick,  and 
other  false  traitors  unknown,  afterwards,  to  wit, 
the  said  «4th  dajr  of  April,  in  the  said  30th 
year  of  tire  reign  of  our  said  sovereign  lord  the 
king,  at  the  said  parish  of  St.  Giles  in  the  Fields,' 
in  the  county  ot  Middlesex  aforesaid,  falsely, 
deceitfully,  advitedly,  maliciously,  devihahry, 
and  traitorously,  did  prepare,  persuade,  excise, 
abet,  comfort  and  counsel  four  other  persona 
unknown,  and  subjects  of  oar  said  sovereign- 
lord  the  king,  traitorously  to-  kill  and  murder 
our  said  sovereign  lord  the  king,  against  the 
duty  of  their  allegiance,  against  tha  peace  of  our 
said  sovereign  lord  the  king,  bis  crown  and  dig- 
nity, and  against  the  form  of  the  etatute  in  that 
behalf  made  and  provided. 

Upon  this  Indictment  they  hare  been  arraign- 
ed, and  thereunto  have  severally  pleaded,  Not 
Guilty,  and  for  their  trisl  have  put  themselves 
upon  God  and  their  country,  which  country 
you  are. 

Your  charge  therefore  is  to  enquire,  whether 
they  or  any  of  them  be  Guilty  of  the  High-* 
Treason  whereof  they  stand  indicted,  or  Not 
Guilty.  If  you  find  them  or  any  of  them 
Guilty,  yon  are  to  enquire  what  goods  or  chat- 
tels, lands  or  tenements,  those  you  find  guilty 
had  at  the  time  of  the  High-Treason  commit- 
ted, or  at  any  time  since,  if  you  and  them  or 
any  of  them  Not  Guilty,  you  are  to  enquire 
whether  they  did  fly  for  it :  If  you  find  that 
they  or  any  of  them  fled  •  for  it,  you  ape  to  en- 
quire of  their  goods  and  chattels,  as  if  yon  bed 
found  them  Guilty.  If  you  find  them  or  any 
of  them  Not  Guilty,  nor  that  they  nor  any  of 
them  fled  for  it ;  say  so,  and  no  more,  and  hear  ^ 
yon  r  evidence. 

Make  Proclamation  of  Silence  on  bothsidW 
Which  was  done. 

Then  sir  Creswell  Levinz,  one  of  the  king** 
learned  counsel  in  the  law,  opened  the  Indict-, 
ment  thus  : 

Sir  CrtsmtU  Levins.    May  it  please  your, 
lordship,    and    you   gentlemen   of  the  jurjr : 
These  prisoners  at  the  bar,  Thomas  White  alms 


tt]      STATE  TRIALS*  JO  CsmiiulUL  mt.-+**d  Grew,  fir  High  7W*mw.      (M 

Whitehead,  Witbanv  Ireland,  John  Ftnwiek. 
Tnsssns  Pk&essog,  and  John  Grove,  do  ail 
stand  ■dieted  of  High-Treason;  for  that 
whereas  they,  as  raise  traitors,  ateaniag  aad 
sVngaing  to  disturb  the  peace  of  the  kingdom, 
to  levy  war  within  the  kmgdom,  to  make  mi- 
serable slaughter  against  tie  king's  subjects,  to 
subvert  the  religion  established  by  (he  lap  of 
die  bad,  to  introduce  (he  superstition  of- the 
caercbof  Rope,  and  to  bring  (a  death aad 
final  destruction,  and  to  awarder  and  assnsaiaate 
ear  sovereign  lord  the  king,  thai  did,  to  effect 
these  things,  the  £4th  of  April  last  assemble 
themselves  together,  with  niaay  other  false 
Crartosa  jet  unknown,  in  the  parish  of  St 
Giles  to  toe  Fields  in  the  county  of  Middles**, 
sad  there,  being  so  assembled,  the  better  to 
enVct  these  designs  did  make  agreements  and 
conspire  together ;  first,  that  Picketing  and 
Grose  should  kill  the  king,  end  that  White  and 
the  rest  of  the  persons  that  stand  indicted*  with 
■any  other  traitors,  should  say  a  great  num- 
ber ot  Meases  tor  the  soul  of  the  said  Picker* 
iog,I  think  3O.000 ;  and  they  did  further  agree 
there,  that  Grove  should  have  a  great  sum  ef 
money ;  and  upon  this  agreement  Grove  and 
Pieserrog  did  ondertake  and  promise  the? 
would  do  this  tact,  and  did  then  and  there  take 
the  Sacrament  and  an  oath  to  one  another  upon 
sfe  Sacrament,  that  they  would  conceal  these 
their  treasons,  that  they  might  the  better  effect 
these;  and  that  in  pursuance  ef  this,  Grove 
and  Pickering  did  divers  times  lie  ia  wait  to 
naveer  the  king,  and  did  provide  arms  to  do  it : 
And  the  Indictment  further  sets  forth,  that 
White  and  Ireland,  aad  Feawick,  and  many 
other  traitors  .yet  unknown,  did  procure  four 
other  persons  yet  also  unknot n,  lor  to  kill  the 
king,  against  the  peace  of  our  sovereign  lord 
the  long,  his  crown  and  dignity,  and  against  the 

ef  the  statute.    These  are  the  heads  ef 

facts  for  which  they  stand  indicted .  They 

all  pleaded  Not   Guilt?  :   If  we  prove 

or  any  of  them  Guilty  of  these  or  any  of 

sects,  according  to  the  evidence  you  shall 
hope  you  will  find  it. 


Sir  Samuel  Baldwin,  one  of  bis  majesty's 
Serjeants  at  law,  opened  the  Charge  as  tot- 
Wweth: 

Sir  Samuel  Bsldsri*.  May  it  please  your 
lordship,  aad  you  gentlemen  of  the  jury,  the 
asrione  bare  before  you  stand  indicted  of  High* 
Tic  mm  ;  they  are  five  in  number,  three  of  them 
are  Jesuits,  one  is  a  priest,  the  fifth  is  a  lar- 
ssan,  persons  fitly  prepared  for  the  work  in 


Gentlemen,  it  is  not  unknown  to  most  per- 
nay  to  every  one  amongst  us  that  bath 
the  least  observed  the  former  times,  how  that 
since  the  reformation  there  bath  been  a 
carried  on  to  subvert  the  government, 
/destroy  the  Protestant  religion  established 
herein  England;  for  during  all  the  reign  of 
snsen  Flfff-*'**11  several  attempts  were  made 
ay  several  Priests,  and  Jesuits,  that  came 
feus*  beyond  the  eejmi>bougk .  tie*  Jawt  were 


then  sevett  against  thesn),  to  destroy  the  queen 
and  alter  the  religion  established  here  ia  Eng- 
land, and  so  introduce  Popery  aad  die  super- 
stition of  the  Church  of  Home. 

But  the  conspirators  from  time  to  time,  dor* 
ingall  the  queen's  reign  were  disappointed,  as 
Edmund  Campion,  *  and  several  other  Jesuits, 
who  came  over  in  that  time,  and  were  executed, 
and  did  suffer  for  their  treasons  according  to 
law  :  At  length,  about  the  latter  end  of  the 
queen's  time,  a  Seminary  for  the  English  Je- 
suits was  founded  at  VaJiadolid  in  Spain,  and 
you  know  the  employment  such  persons  have. 

And  scon  after  the  queen's  death,  ia  the  >be» 
ginning  of  the  reign  of  king  James  several  per* 
seas  came  over  into  England  from  this  very  se* 
miliary,  who  together  with  one  Henry  Garnet,  i 
Superior  of  the  Jesuits  then  ia  England,  and 
divers  others  English  papists,  hatched  that  hel- 
lish Gunpowder* Plot ;  whereby  what  was  de- 
signed yon  all  know ;  but  as  it  fell  out,  these 
persons,  as  well  as  those  m  queen  Elisabeth's 
time,  were  likewise  disappointed,  and  for  their 
execrable  treasons  in  the  3d  veer  of  king  James 
were  executed  at  Tyburn  and  other  places. 

This  is  evideat  by  the  very  act  of  parliament 
in  3  Jacohi,  in  the  preamble  whereof  mention 
is  made  that  Creswell  and  Tesmond,  Jetuits, 
came  from  Valladolid  in  Spain  to  execute  this 
Gunpowder*Treason  with  the  popish  party  here 
in  England. 

And,  gentlemen,  after  this  treason,  so  mira- 
culously discovered,  was  punished,  one  would 
not  have  thought  that  any  future  age  would 
have  been  guilty  of  the  like  conspiracy, ;  but  it 
so  foils  out,  that  .the  mysterv  of  Iniquity  and 
Jesuitism  still  worketh,  for  there  hath  of  rate 
been  a  sort  of  cruel  and  bloody-minded  persons 
who,  ia  hopes  to  have  better  success  than  they 
bed  in  former  limes,  during  the  reigns  of  queen 
Elisabeth  end  king  James,  have  set  on  foot  as 
horrid  a  design  as  that  of  the  Genpowdarw trea- 
son ;  I  can  resemble  it  to  no  oilier  Plot,  or 
design,  or  treason  in  any  other  time,  and  trulv 
it  does  resemble  that  in  many  particulars  s  l 
may  any,  it  doth  at  the  least  equal  k,  if  not  ex- 
ceed it. 

I  shall  mention  two  or  three  particulars 
in  which  ibis  Plot  doth  resemble  that. 

1.  That  horrid  design  was  to  take  away  the 
life  of  the  then  king,  to  subvert  the  government, 
to  introduce  the  popish  religion,  and  to  destroy 
the  established  Protestant  religion  in  England  ; 
and  so  gentlemen,  we  think  our  proofs  wil 
make  it  out  that  ia  each  of  these  particulars 
this  design  is  the  same  that  that  was. 

9.  The  great  actors  in  that  design  worn 
Priests  and  Jesuits  that  came  from  Vaiindolid 
in  6pain,  and  other  places  beyond  the  seas. 
And  the  great  actors  in  this  Plot  are  priests  and 
Jesuits,  that  are  come  from  St.  Oroere  and 
other  places  beyond  the  seas  nearer  home  than 
Spain. 

3.  That  plot  was  chiefly  guided  and  mansged 


T»- 


*  See  vol.  1,  p.  1040,  of  this  Collection, 
t  See  voL  3,  p.  Sin.     . 


ft7]        STATE  TR1AIS,  SO  CiurUs  U.  ie7ft.~7ml  0/  IreUmd,  Pickering,        [89 


by  Henry  Garnet  superior  find  provincial  of 
the  Jesuits  then  in  England ;  and  the  great 
actor  in  this  design  is  Mr.  Whitebread,  snperior 
and  provincial  of  the  Jesuits  now  in  England ; 
so  that  I  say  ia  the«e  several  particulars  it  does 
resemMe  the  Gunpowder-Plot. 

Gentlemen, In  this  plot,  of  which  the  pri- 
soners now  stand  indicted,  several  persons  have 
several  parts :  Some  of  these  persons  are  era- 
ployed  to  keep  correspondence  beyond  the 
seas  (of  which  en  ore  hath  been  said  in  another 
place,  and  so  I  shall  uot  speak  of  it  here) :  others 
were  to  procure  and  prepare  aid  and  asistance 
hare  in  England  who  were  to  be  ready  when 
there  should  be  occasion  to  use  it.  But  the 
great  part  that  these  persons  (the  prisoners  at 
the  bar)  were  to  act  in  this  conspiracy,  was,  to 
take  away  the  life  of  our  sovereigo  lord  the 
King,  on  whose  preservation  the  safety  and 
welfare  of  three  nations  (and  millions  of  men) 
doth  depend.  Now  the  facts  for  which  the  five 
prisoners  stand  indicted,  I  shall  open  thus  c 

1.  They  are  here  indicted  for  conspiring  the 
death  of  his  sacred  majesty :  they  did  agree 
to  take  away  the  king's  life ;  and  entering  into 
such  an  agreement,  they  hired  some  persons 
amongst  them  to.  do  it ;  and  this  agreement  was 
made  the  84th  of  April  last  1/J78. 

2.  There  is  another  fact  they  likewise  stand 
indicted  for:  'That  they  did ' endeavour  and 
contrive  to  change  and  alter  the  religion  esta- 
blished in  the  nation,  and  iutroduce  popery  in 
tlie  room  of  it.'  The  manner  how  to  effect  thist 
was  thus,  if  my  information  be  right ;  you  shall 
hear  that  from  the  evidence.  Mr.  Whitebread 
being  resident  here  in  England,  and  Superior  of 
the  Jesuits,  did  in  February  last  think  fit  (being 
lmnowered  by  authority  from  Rome)  to  give 
summons  to  the  Jesuits  abroad,  at  St.  Omers, 
and  other  places  beyond  the  seas,  that  they 
should  come  over  here  into  England,  to  be  ready 
at  London,  on  the  94th  of  April,  the  day  laid 
in  the  Indictment,  and  which  ia  the  day  after 
6t  George's  day ;  and  their  design  was  (as  will 
appear  by  the  proof)  to  contrive  now  they  may 
take  away  the  life  of  the  king :  for  if  that  were 
once  done,  they  thought,  in  all  other  things, 
•heir  design  would  easily  be  accomplished. 
After  the  Summons  were  out,  they  were  so  offi- 
cious for  the  accomplishing  of  this  great  end, 
jthat  between  40  and  60  Jesuits  did  appear  here 
at  London  at  the  time  (for  thither  they  were 
summoned),  and  there  the  meeting  was  ap- 
pointed to  be.  At  the  White  Horse  Tavern  in 
the  Strand  they  were  to  meet  first;  but  being 
so  great  a  number  that  they  were  likely  to  be 
taken  notice  of,  if  they  came  all  together,  it 
was  so  ordered,  they  should  come  but  a  few 
at  a  time  and  go  off  in  small  numbers  and 
others  should  succeed  them,  till  the  whale 
number  had  been  there.  And  there  were 
directions,  given,  and  a  count  taken,  that 
there  should  be  some  person  to  tell  them  whi- 
ther they  should  go  from  thence.  After  they 
had  met  there  at  several  times  in  the  same  day, 
they  were  appointed,  and  adjourned  to  be  at 
several  other  places;  some  of  them  were  ap- 


pointed, to  be  at  Mr.  Whitehead's  lodging,  and 
that  was  in  Wild<6treet,  at  one  Mr  .Sanders'* 
house ;  others  were  appointed  to  go  to  Mr.  Ire- 
lands*s  lodging,  which  was  in  Russel-Street  (and 
this  Mr.  Ireland  was  treasurer  of  the  Society) : 
and  others  were  to  meet  at  Mr.  FenwicVs 
chamber  in  Drury-Lone ;  and  he  was  at  that 
time  Procurator  and  Agent  for  that  Society. 
Others  were  appointed  to  meet  at  Harcourt's 
lodging ;  and  others  at  other  places. 

When  they  came  there,  they  all  agreed  to  the 
general  design  of  the  first  meeting,  which  waa 
To  kill  the  king.  Then  there  was  a  Paper,  or 
some  instrument  to  be  subscribed.  This  was 
done,  and  the  Sacrament  was  taken  for  the  con- 
cealment of  it  After  that,  Whitebread,  Ire- 
land, Fen  wick,  and  others  did  agree  that  Mr. 
Grove  and  Mr.  Pickering  should  be  employed 
to  assassinate  the  king.  One  of  them  (Mr. 
Grove)  being  a  lay  brother,  was  to  have  1,500/. 
a  great  sum ;  the  other,  as  a  more  suitable  re- 
ward for  his  pains,  was  to  have  30,000  masses 
said  for  his  soul.  Mr.  Whitebread,  Mr.  Ire- 
land, and  Mr.  Fenwick,  were  all  privy  to  this 
design;  and  this  was  the  94th  of  April.  Ia 
August  after  (they  being  appointed  to  kill  the 
king,  but  it  not  taking  effect,  either  their  hearts 
misgave  them,  or  they  wanted  opportunity) 
there  was  another  meeting  at  the  Savoy,  where 
the  witnesses  will  tell  you,  four  Irish  persons 
were  hired  for  to  kill  the  king.  And  this  was 
ordered,  in  case  the  other  design  took  not  effect. 
There  was  fourscore  pounds  sent  down  to  them 
to  Windsor,  where  they  were  to  have  done  the 
met.  After  this,  other  persons  were  appointed 
to  do  the  eiecntion,  and  they  were  to  take 
the  king  at  his  morning  walk  at  New-Market. 

These  persons  were  all  disappointed  in  their 
design.  But  you  shall  hear  what  was  the 
Agreement  how  it  was  carried  on,  and  what 
rewards  were  given  to  carry  it  on.  We  shall 
acquaint  you  likewise,  that  for  the  bottom  of 
this  design  (when  so  many  Jesuits  should  come 
over,  when  they  should  have  so  many  consulta- 
tions, and  when  they  should  resolve  to  kill  the 
king)  there  could  be  no  less  than  the  altering 
of  Religion,  and  introduction  of  Popery  here 
in  England.  And  that  time,  at  the  first  meet- 
ing, they  had  ordered,  That  Mr.  Cary  a  Jesuit, 
as  their  procurator  and  ageftt,  should  go  to 
Rome,  to  act  their  concerns  there.  All  which 
things  and  more  will  be  made  out  to  you  by 
witnesses  produced.  There  are  likewise  some 
other  circumstances  that  will  be  material  to 
confirm  those  witnesses.  We  shall  produce  to 
you  a  Letter  written  in- February  last,  aboat 
that  time  that  Mr.  Whitebread  sent  over  his 
summons  for  the  Jesuits  to  appear  here.  This 
Letter  was  written  by  one  Mr.  Peters,  a  Jesuit 
now  in  custody ;  and  now  it  is  written  to  one 
Tunstal,  a  Jesuit,  to  give  ssjn  notice,  That  be 
should  be  in  London  about  the  91st  of  April, 
and  be  ready  on  the  24th  of  April :  That  be 
knew  what  the  business  was ;  but  he  did  advise 
him,  that  he  sliould  conceal  himself,  lest  the 
Plot  (by  observation)  should  be  discovered. 
We  shall  titans*  produce  several  other  cvw 


tt]      STATE  TRIALS,  30  Charles  II.  1 67  $-r-uxd  Gr<m,  fir  Bigh  Tr 


fences,  to  strengthen  and  confirm  the*  wit* 
newest  we  shall  first  call  oar  witnesses,  and 
enter  upon  the  proof. 

Mr.  Finch  opened  the  Evidence  thus : 

Mr.  Watch.  May  it  please  your-  lordship, 
and  job  gentlemen  of  the  jury ;  before  we  call 
oar  Witnesses,  I  would  beg  leave  once  more  to 
remind  yoo  of  wbattiatb  already  been  opened 
aoto  you  :  the  onality  of  the  offenders  them- 
selves, and  the'  natare  of  the  offence  they  stand 
indicted  of.  For  the  offenders  they  are  most 
of  them  Priests  and  Jesaits  ;  three  of  them  at 
the  lease  are  so  ;  the  other  two  are  the  accursed 
instruments  of  this  design :  For  the  offence, 
itself,  'tis  High  Treason. 

And  though  it  be  High-Treason  by  the4 
statute  of  27  Eiiz.  for  men  of  that  profession  to 
come  into  England ;  yet  these  men  are  not 
indicted  upon  that  law,  nor  for  that  treaton  : 
I  take  notice  of  to  you,  for  the  prisoners 
►,  that  they  should  not  fancy  to  tiiemseives 
~  Martyrdom  for  their  Religion,  as 
of  them  have  vainly  imagined  in  their 
and  for  your  sakes  too,  that  as  at  first,  it 
treason,  repeated  acts  of  treason  in  these 
ssen;  and  those  proceeding  from  a  principle 
of  religion  too*  that  justly  occasioned  the  making 
that-iaw :  so  here  you  might  observe  a  preg- 
nant instance  of  it  in  the  prisoners  at  the  bar, 
That  whenever  they  had  an  opportunity,  as  now 
they  thought  they  had,  they  have  never  failed 
to  put  those  principles  into  practice. 

So  now,  Gentlemen,  as  they  are  not  iodicted 
for  being  priests,  I  most  desire  you  to  lay  that 
quite  of  the  case,  and  only  consider  that  they 
stand  here  accused  for  treaton  ;  such  treason, 
*§  were  they  laymen  only,  they  ought  to  die 
fork;  thoogh  I  cannot  but  observe,  they  were 
the  sooner  traitors  for'  being  priests. 

The  treason  therefore  they  stand  indicted  of, 
is  of  the  highest  nature:  It  is  a  conspiracy  to 
kill  the  kin£,  and  that  too  with  circumstances 
so  aggravating  (if  any  thing  can  aggravate  that 
efience  which  is  the  highest,)  that  nothing  less 
than  the  total  subversion  of  the  government, 
and  otter  destruction  of  the  Protestant  Religion 
wonld  serve  their  tarns.  And  really,  when 
yen  consider  the  root  from  whence  this  treason 
springs  yon  will  cease  wondering  that  all  this 
should  be  attempted  and  rather  wonder  that  it 
was  not  done. 

Mischiefs  have  often  miscarried  for  want  of 
*sckednes»  enough;  the  horror  of  conscience 
or  eke  the  malice  of  the  aggressor  not  being 
eanal  to  the  attempt,  has  sometimes  prevented 
the  execution  of  it.  Here  is  no  room  for  any 
tbiee;  of  this  kind :  this  treason  proceeds  from 
a  principle  of  religion,  from  a  sense  that  it  is 
lawful ;  nay  that  they  ought  to  do  these  things ; 
and  every  neglect  here  is  looked  on  as  a  piece 
of  irreiigion,  a  want  of  seal ;  for  which  one  of 
the  prisoners  did  penance,  as  in  the  course  of 
ear  evidence  we  shall  prove  unto  you. 

And  when  we  consider,  too,  that  this  is 
carried  oo,  not  by  the  fury  of  two  or  three 
nosy  men  orer- zealous  in  the  cause,  but  by 


the  deliberate  and  steady  ronnssit  efthe  whole 
order,  and  that  too  under  the  obligations  of  se- 
crecy, as  high  as  Christian  Bnngjnn  can  lay  on 
them ;  yoo  have  great  reason  to  wonder  that  it 
did  not  succeed.  And  yet  after  all  this  they 
have  not  been  able  to  prevail.  Not  that  we  can 
brag  of  any  human  policy  that  did  prevent  it  t 
No ;  all  that  the  wit  of  man  could  do,  these 
men  bad  done :  but  it  was  the  providence  of 
God,  it  was  bis  revelation:  that  providence  , 
that  first  enlightened  his  church,  and  has  nee- 
served  it  against  all  opposition  heretofore,  baa 
once  more  disappointed  their  counsel*,  and 
preserved  the  king  and  this  nation  in  the  pro- 
fession of  that  true  religion  these  men  have 
vainly  attempted  to  destroy. 

Gentlemen,  I  wall  not  open  to  you  the  parts* 
cnlars  of  our  Evidence;  that  I  hud  rather  should 
come  from  the  witnesses  themselves  .  I  shall 
only  in  general  tell  you  what  will  be  the  course 
of  it.  vVe  shall  prove  unto  you,  That  there 
was  a  summons  for  a  consultation  to  be  held 
by  these  men  the  94th  of  April  Inst,  from  the 
provincial  Mr.  Whitebread :  That  they  had  a  • 
caution  given  them,  not  to  come  too  soon,  nor 
appear  much  about  town,  till  the  consultation 
were  over,  lest  occasion  should  be  given  to  sus- 
pect the  design  >  That  accordingly  a  consulta- 
tion  w.;s  held,  as  they  say,  to  send  Cary,  their 
procurator,  to  Roiu»  ;  though  we  shall  prove  to 
you  it  was  for  other  purposes:  That  they  ad- 
journed from  their  general  assembly  into  lesser 
companies ;  where  several  persons  d»d  attend 
them  to  carry  intelligence  of  their  several  re- 
solutions t  That  at  these  several  consults  they 
did  resolve  the  king  was  to  be  killed :  That 
Pickering  and  Grove  should  do  it ;  for  which 
the  one  was  to  have  90,000  masses  said  for  his 
soul ;  the  other  was  to  have  1,500/.  That  in 
prosecution  of  this  design,  they  made  several 
attempts  to  execute  it:  That  they  lay  in  wait 
for  the  king  several  times  in  St.  James's  Park, 
and  other  places  :  And  that  once  in  particular 
it  had  been  done  by  Pickering,  if  it  had  not 
pleased  God  to  have  prevented  it  by  an  acci- 
dent unforeseen  :  The  font  of  his  pistol  being 
loose,  he  durst  not  then  attempt  it,  though  be 
had  an  opportunity :  For  which  neglect,  we 
shall  prove  to  you,  he  underwent  the  penance 
of  90  or  SO  strokes.  That  when  these  men  had 
failed,  we  shall  prove  to  you  they  hired  f<»ur 
ruffians  to  murder  the  king  at  Windsor,  and 
after  that  at  New-market.  Thus  they  way- 
laid him  in  all  his  .privacies  and  retirements* 
wherever  they  could  think  it  most  convenient  to 
% execute  their  design. 

And  this  we  shall  prove  by  two  witnesses; 
who  though  they  should  not  speak  to  the  same 
consultations,  nor  the  same  times,  yet  tljey  are 
still  two  witnesses  in  Isw.  For  several  wit- 
nesses of  several  overt-acts  are  so  many  wit- 
nesses to  the  treason :  because  the  treason  con- 
sists in  the  intention  of  the  man,  in  the  com- 
passing and  imagining  the  death  of  the  king. 
The  several  overt-acts  which  declare  that  inten- 
tion, are  but  as  so  many  evidences  of  the  trea- 
son. We  will  call  our  witnesses,  and  make  out 
what  has  been  opened  to  you. 


91}        «ATE  THALS,  30  Chaklks  II 

CI  ofCr.  lin  Oates,  Lay  your  hand  upon 
the- book.  The  evidence  5011  shall  give  for  oar 
sovereign  lord  the  king,  against  Thomas  White 
alias  Whitebread,  William  Ireland,  John  Fen- 
wrick,  Thomas  Pickeriag,  aad  John  Grove,  the 
psisouers  at  the  bar,  shaU  be  the  truth,  tlte 
whole  truth,  awl  nothing  but  the  truth.  So  help 
^euGod. 

Mr.  Serj.  BaUwyn.  Pray,  Mr.  Oates,  will 
yea  declare  to  the  court  and  the  jury,  what 
design  there  was  for  the  killing  of  his  majesty, 
and  by  whom. 

•  Mr.  Oates.  My  lord,  in  the  month  of  De- 
cember last,  Mr.  Thomas  Whitebread  did  re- 
ceive a  patent  from  the  general  of  the  Jesuits 
at  Rome  to  be  proviucial  of  the  Order :  alter 
he  bad  received  ibis  patent,  be  sent  order  to 
one  George  Convert,  a  Jesuit  at  St.  Omers,  to 
preach  upon  St.  Thomas  of  Canterbury's  day; 
and  by  virtue  of  this  order,  George  Conyers  did 
preach  against  oaths  of  allegiance  and  supre- 
macy, and  did  in  his  doctrine  call  them  anti- 
christ! an  and  devilish.  My  lord,  in  the  month 
of  January,  (his  Mr.  Whitebread  did  send  se-  < , 
veral  letters  to  St.  Omers;  in  which  letters 
there  was  contained  intimation  of  his  intent  to 
proceed  against  the  king's  person  to  assassinate 
him;  which  letters  were  written  to  Richard 
Aehby.  My  lord*,  in  the  month  of  February, 
there  comes  an  order  from  htm  as  provincial, 
for  several  of  the  Jesuits  to  make  their  ap- 
pearance at  London,  to  be  there  at  a  consult 
to  be  held  the  94th  of  April  O.  S. 
'  L.  C.  J.  (sir  William  Scroggs.)  Where  was 
Whitebread  then? 

Mr.  Oatet.  He  was  then  in  London,  my 
lord,  as  I  suppose  by  the  dating  of  his  letters. 
My  lord,  from  Mr.  Whitebread  after  this  sum- 
mons, we  received  a  second  summon*,  which 
came  the  5th  of  April,  N.  8.,  and  upon  the 
summon*  there  were  nine  did  appear  at  Lon- 
don, the  Rector  of  Liege,  sir  Thomas  Pres- 
ton, the  Rector  of  Ghent,  whose  name  is 
Marsh,  the  Rector  of  Wotton,  whose  name 
is  Williams,  and  one  sir  John  Warner, 
and  two  or  three  more  from  St,  Omers;  and 
there  was  a  special  order  given  us,  my  lord, 
to  keep  onrselves  close,  lest  we  should  be  sua* 
pected,  and  so  our  design  di»clo*ed.  My  load, 
upon  the  94th  of  April,  O.  S.  we  did  appear  in 
the  consult.  The  consult  was  begun  at  the 
White-horse  tavern  in  the  Strand*,  ond  there 


,•.— »«•*- 


*  This  was  the  perjury  assigned  in  the  In- 
dictment on  which,  upon  May  8th,  1685, 
Oates  was  convicted  of  perjury,  See  the  Trial, 
infra.  "  I  waited  on  the  king  [James  Sd]  in  his 
barge  from  Whitehall  to  Somerset-bouse,  where 
he  went  to  visit  the  Queen  Dowager.  It  was. 
upon  this  day  that  the  noted  Dr.  Gates  was 
convicted  of  Perjury ;  it  being  proved  that  he 
was  at  St.  Omers  the  94th. of  April,  1678,  when 
he  swore  be  was  at  the  White-horse  tavern  in  the 
Stntod,  where  Pickering,  Graven,  Ireland,  and 
other  Jesuit*  signed  the  death  of  bine,  Charles 
the  Secood.  This  was  a  grateful  heanng  to  the 
ling,  who    thereupon   observed,  that  indeed 


1  G78.~.7to/  qf  IrsUmd,  Pickrimg.        l» 

tliey  met  in  several  rooms;  they  came  in  by  de- 
grees ;  aad  ae  the  new  ones  came  on,  the  old  ones, 
those  that  bad  been  there  before  them,  fell  off. 
And  there  was  one  John  Cary  appointed  to  go 

Crocurntor  for  Rome,  and  he  was  so  appointed 
y  the  suffrages  of  the  three  prisoners  at  the 
bar,  Whitebread,  Ireland,  and  Fenwick.  It 
was  afterwards  adjourned  into  several  collo- 
quies, or  little  meetings ;  one  meeting  was  at 
Mrs.  Sander*  a  house,  that  huts  upon  Wild- 
house;  a  second  was  at  Mr.  Ireland's ;  a  third 
was  at  Mr.  Harcourt's ;  a  fourth  was  at  Mr. 
Grove  0 ;  and  other  meeting  or  meetings  there 
were,  but  F  cannot  give  a  good  account  ef  them. 
My  lord,  after  they  had  thus  met,  and  debated 
the  state  of  religion,  and  the  life  of  the  king, 
they  drew  up  this  resolve;  it  was  drawn  up  by 
oneMico,  who  was  secretary  to  the  society,  and 
Socius,  or  companion  to  the  provincial. 

L.  J.  C.    When  was  that  done  ? 

Mr.  Octet.  That  day,  my  lord.'  The  Re- 
solve, my  lord,  was  thia,  as  near  as  I  can  re- 
member the  words :  It  is  resolved.  That  Tho- 
mas Pickering  and  John  Grove  shall  go  on  in 
their  attempt  to  assassinate  the  king  (whether 
they  used  the  word  assassinate,  I  cannot  re* 
member,  but  the. meaning  was,  they  should 
make  an  attempt  upon  bis  person),  and  that 
tiie  reward  of  tlte  one,  that  is  Grove's,  should 
be  1,500/.,  and  that  Pickering's  rewaid  should 
be  30,000  masses.  My  lord,  after  this  resolu- 
tion was  signed  by  Whitebread,  it  was  signed 
by  Fen  wick  and  Ireland,  and  by  all  the  four 
clubs :  I  saw  them  sign  it,  for  I  carried  the  in- 
strument from  one  to  another. 

L.  C  J.  What  was  it  they  signed  ? 

fate*.  Tlte  resolve  of  the  consul L 

L,  C.  J,  What,  that  which  was  drawn  op  by 
Mice  ? 

Oates.  Yes,  my  Lord,  that  which  was  drawn 
up  by  Mice. 

Whitebread.  Doth  he  say  that  he  saw  them 
sign  it?— 'Gales.  Yes,  I  did  see  them  sign  it. 

Jury.  We  desire  he  may  be  asked  where  he 
saw  1  hero  sign  it. 

(Jutes.  Mr.  Whitebread  signed  it  at  that 
part  of  the  consult  that  was  at  bis  chamber, 
Ireland  did  sign  it  at  that  part  of  the  consult 
that  was  at  his  chamber,  Feu*ick  signed  it  at 
that  part  of  the  consult  that  was  at  bis  cham- 
ber. 

there  had  been  a  meeting  of  the  Jesuits  that 
day,  and  that  all  the  scholars  of  St.  Genera 
knew  of  it ;  but  that  it  was  weU  Dr.  Gates 
knew  no  better  where  it  was  to  be,  for,  aaya 
his  majesty,  they  met  in  Sl  James's,-  where  I 
theo  lived ;  which  if  Oates  bad  but  known,  he 
would  have  cut  out  a  fine  spot  of  work  fo/me. 
The  king  then  subjoined,  that  Oates  being 
thus  convicted,  the  Popish  Plot  was  now  dead  t 
to  which  I  answering,  that  it  had  been  long 
sine*  dead,  and  that  now  it  would  be  buried, 
his  majesty  so  well  approved  of  the  turn,  that 
going  with  him  afterwarti*  to  the  Princess  of 
Denmark's,  I  heard  him  repeat  it  to  her.1'  Sis 
John  Reresby's  Memoirs,  p.  19*> 


13]      STATE  TRIALS,  50  Caailes  II.  16?8.~wd  Crow,  /far  A%/<  Treasm.      [<K 


Wkiu&rtad.  Were  yea  at  ell  these  places? 

(hta.  I  went  with  k  from  place  to  piece; 
bet  1  sscotion  no  more  now,  bet  only  these. 

Whitebread*  You  were  not  at  ell  these  places,  * 
aeo*  saw  them  sign  k  there,  were  you? 

(fates.  Yes,  I  did  see  them  sign  it  at  all  those 
places.  My  Lard,  ia  the  month  of  May,  Mr. 
Whtcebreod  came  over  as  provincial  from  Eng- 
land to  St.  Omers,  to  begiu  his  provincial  visita- 
tion, and  wkh  him  came  Gary  and  his  com* 
pankra  Mice.  Cary  left  St.  Omers  to  begin 
his  journey  to  Rone:  Wbftebread,  after  he 
had  given  an  account  of  what  proceedings  the 
catholics  of  Englaad  had  made  in  order  to  dis- 
turb die  peace  of  the  kingdom,  what  moneys 
had  been  gathered,  what  suffrages  dispersed, 
what  means  bad  been  used,  what  noblemen 
bad  joined  in  this  execrable  plot;  he  did  tjien 
(ar  Lord)  order  me  to  come  for  England. 

L.C.J.  Whitebread  did? 

Goltf*.  Yes,  iny  Lord,  Whkebread  did. 
And,  my  Lord,  the  business  I  was  to  come  into 
rjngjand  for,  was  to  nrarder  one  Dr.  Tongue,  a 
Doctor  io  I>frinity,  who  had  written  a  fioek 
catted  «*  The  Jesuits  Morals;"  that  is  to  say, 
translated  tbem  out  of  French  into  English. 
My  lord,  I  came  over  into  England  on  the  23rd 
of  Jane,  N.  S. ;  I  came  out  of  Sr.  Omers,  that 
is,  the  13th  in  the  stile  of  England  ;  oa  the 
34th  N.S.,  I  took  the  packet-boat  at  Calais; 
the  25th  N.  S.,  I  met  with  Mr.  Fenwick  at 
Dover;  be  was  come  down  with  certain  youths, 
to  send  them  to  St.  Omers,  and  had  ordered 
their  passage. — My  lord,  with  Mr.  Fenwick, 
aad  some  other  persons,  we  came  to  London  in 
a  coach ;  and  sis  miles  (as  near  as  I  remember 
it)  on  this  side  Canterbury,  at  a  place  called 
Bolton,  oor  coach  was  stopped  by  the  search- 
ers, and  there  they  did  examine  a  box  that  was 
ia  the  coach  directed  for  the  hon.  Richard 
BtundeU,  esq.  This  box,  when  they  opened  it, 
xbey  found  full  of  beads,  crucifixes,  images,  and 
other  sorts  of  trumpery,  that  I  cannot  give  a 
good  account  of;  it  is  be  can  give  the  best : 
Mr.  Fenwick  went  by  the  name  of  one  Thomp- 
son), and  did  personate  one  Thompson,  as  living 
acar  the  Fountain-Tavern,  at  Charing-Cruss ; 
aad  did  order  the  searchers  to  write'  to  bhn 
there,  as  by  the  name  of  Thompson.  When 
the  bos  was  seised,  they  being  prohibited  goods, 
Mr.  Fenwick  did  say,  that  if  they  had  searched 
his  pockets,  they  had  found  such  letters  about 
baa  as  might  have  cost  htm  his  life ;  but  his 
Setters  did  escape  starching.  We  came  that 
night  fo  SitcJaburgb,  and  lay  there  on  Sunday 
the  36th,  N.  &,  as  near  as  1  remember :  and  t 
think  we  stayed  there  till  the  afternoon:  We 
took  coach  io  the  afternoon,  and  came  as  far  as 
Dstftastd.  Ob  Monday  msrning  we  came  into 
London ;  aad  (my  lord)  'When  we  came  into 
Landow,  and  had  continued  there  some  days 
(I  sow  lernrn  to  Mr.  Wbitebread),  there  came 
ase  Asbby  to  town ;  he  had  been  some  time 
■sttor  of  St*  Otoer*,  and  -was  come  to  England 
*ek  of  the  goat,  and  was  to  go  to  the  Bath  to 
fe  cored.  And  he  brooght  instructions  with 
**  frtMU  vVhitobroad;    and  the  instructions 


in  them  these  particulars:  instruc- 
tions or  Memorials,  or  what  else  they  called 
them.  I.  That  10,000/.  should  be  propased 
to  sir  George  Wakeoteo  for  the  killing  of  the 
king.  8,  That  care  should  be  taken  ibr  the 
murder  of  the  bishop  <»f  Hereford.  &.  That 
care  should  be  taken  for  the  murder  of  Dr» 
Stilliogfleet.  4.  That  though  this  proposal 
was  made  to  sir  George  Wakeman  of  10,0004. 
yet  Pickering  and  Grove,  should  go  on  still  in 
their  attempts.  My  lord,  afterwards  these 
were  taken  and  copied  out,  and  dispersed  to 
the  several  conspirators  in  the  kingdom,  whose 
names  I  cannot  call  to  mind.  Hut  Coleman 
made  several  copies,  and  dispersed  tbem  about : 
Then  the  10,000/.  was  proposed  to  sir  George 
Wakeman,  but  it  was  refused. 

L.  C.  J.  What,  it  was  too  -little  ? 

Gate*.  Yes,  my  lord,  it  was  too  Jit  tie.  Then 
Whitebread  be  writ  from  St.  Omers,  that  ia 
case  10,0001.  would  not  do,  fifteen  should  be 
proposed,  and  after  that  he  had  that  proposed; 
lie  accepted  of  that. 

L.  C.  J,  Were  you  by  when  he  accepted  it? 

Oate$.  No,  my  load,  I  was  not:  But  it  ap- 
peared upon  their  entry-books,  aad  it  appeared 
by  a  letter  from  this  gentleman,  Mr.  White- 
bread,  wherein  he  did  shew  a  e/eat  deal  of  joy 
far  sir  George  Wakeman's  accepting  of  the 
lSyOOOs*.  My  lord,  after  this  it  was  agreed 
apon,  that  sir  George  Wakemaa  should  have 
15,000*.,  and  5,000*7 of  it  was  paid  by  Oolemma 
or  his  order*  Thus  the  state  of  afairs  steed 
till  August.  Theu  one  Fogarthy,  who  is  dead, 
came  to  a  consult  of  the  Jesuits  with  the  Bene- 
dictines :  Now  at  tins  consult  the  prisoner  at 
the  bar  Fenwick  was,  he  was  one,  and  Har- 
court  was  another.  And  in  this  consult  there 
were  four  ruffians  recommended  io  them. 

L.  C.  /.  By  whom? 

Oatet.  By  Fogarthy  they  were  recommend^ 
ed,  but  accepted  of  by  these  consalrors,  aad 
consented  to  by  Fenwick.  They  were  seat 
away,  end  the  next  day  after  fourscore  peeed* 
was  sent  them,  the  most  part  of  it  was  gold* 
and  Coleman  was  there  and -gave  the  messenger 
a  guinea  to  expedite  his  errand.  My  lord,  » 
the  month  of  August  there  came  ether  letters 
from  Whitebread,  wherein  be  did  give  an  ac- 
count of  what  care  be  had  taken  of  the  Scotch 
business ;  and  he  ordered  one  Moor  and  one 
Senders,  ahas  Brown,  to  'go  down  to  .Scotland, 
and  he  did  order  the  teeter  of  London,  thee 
William  Hatcourt,  to  teed  them ;  and  he  did 
jo  send  them  the  6th  of  August,  in  the  name  of 
the  provincial. 

Whitebread,  From  whence,  {  pray? 

Oat  ft.  From  London,  end  they  went  to  pro- 
secute and  carry  on  the  design  which  Fenwick. 
and  Ireland  had  plotted,  of  a  rebellion  amongst 
the  disaffected  Scots  against  the  governor}  an* 
pointed  them  by  the  king;  and  thev  sent  down 
ministers  to  preach  under  the  notion  of  Pres- 
byterian ministers,  in  order  to  get  the  dtsawest* 
ea  Scots  to  rise,  by  insinuating  the  tad  condi* 
tion  they  were  likely  to  be  in,  by  reason  of  epis- 
copal tyranny  (as  they  termed  it.)    ^nd  ehat 


M]        STATE  TRIALS,  JO  Ouklb*  II.  N578.— 7Wei  0/  In&stf,  Pickering,       [96 


they  were  resolved  to  dispose  of  the  king,  and 
they  -did  intend  to  dispute  of  the  Duke  too,  in 
ease  he  did  not  appear  vigorous  in  promoting 
the  catholic  religion  (I  speak,  their,  own  words*) 
•  L.C.  J.  Have  von  done  with  your  evi- 
dence? What  do  yon  know  of  the  prisoners  at 
the  bar?  Name  them  all. 

Oatet.  There  is  Whitebread,  Ireland,  Fen- 
wick,  Pickering,  and  Grove. 

X.  C.  J.  Are  you  sore  dickering  and  Grove 
accepted  of  the  terms  ? 

Oatet.    Yes,  my  lord,  I  was  there. 

X.  C.  J.    Where  was  it? 

Gates.  At  Mr.  Whitehead's  lodgings  at 
Mrs.  Saunders's  house.  As  for  Grove,  indeed, 
he  did  attend  at  that  time  upon  Fenwick  at  his 
chamber;  but  after  the  consult  was  over  he 
came  to  Whttebread's  lodging*,  and  did  take 
the  sacrament  and  the  oaths  of  secrecy  upon  it, 
and  did  accept  it,  and  agree  to  it. 

X.  C.  J.  Were  yon  there  when  be  took  the 
'sacrament? 

Oatet.    Yes,  my  lord,  I  was. 

X.  C.  X    Who  gave  you  the  sacrament  ? 

Oates.  It  was ,  a  Jesuit!  that  goes  by  the 
name  of  one  Barton. 

Whitebread.  My  lord  before  I  forget  if,  I 
desire  to  say  this.  lie  says  that  at  such  and 
such  consults  in  April  and  May  he  was  present, 
and  curried  the  resolutions  from  one  to  another. 
There  are  above  a  hundred  and  a  hundred,  that 
can  testify  he  was  all  that  while  at  St.  Omers, 
Pray  teU  me  when  I  received  the  sacrament? 

Gates.    Ac  the  same  time. 

Whitebread.    What  day  was  that? 

Out*.    The  24th  of  A  pril. 

WhUebread.     Was  I  there? 

Oatet.    You  were  there. 

Whitebread.  I  take  God  to  witness  I  was  not. 

X.  C.  J.  Mr.  Whitebread,  you  shall  have 
time  to  make  your  answer.  But.  pray  Mr. 
Oaies,  when  was  Mr.  Carey  dispatched  away 
to  Rome,  and  what  was  Ins  errand  ? 

Gates.  My  lord,  111  teU  you ;  he  ,waa  ap* 
proved  of  to  go  to  Rome  the  24th  of  April ; 
mi  the  month  of  May  or  June,  Whitebread 
brings  Cary  over  to  St:  Omers,  and  one.Mko 
bis  secretary  or  companion  with  bim, 

X.  C.  J.    When  was  it? 

Oatet.  In  the  mouth  of  May.  or  June  he 
was  brought  over  by  the  provincial ;  then  he 
went  away  on  bis  journey,  and  at  Paris  receiv- 
ed 90/.  to  bear  his  charges. 

Finch.  What  do  you  know  of  any  attempts 
so  till  the  king  at  $t.  James's  Park? 

Oatet.  I  saw  Pickering  and  Grove  several 
times  walking  in.  the*  Park  together  with  their 
acsewed  pistols,  which  were  longer  than  ordi- 
nary pistols,  and  shorter  than  some  carbines* 
They  had  silver  bullets  to  shoot  with,  and 
Grove  would  have  had  the  bullets  to  be  chamfrt, 
for  fear  that  if  be  should  shoot,  if  tlte  bullets 
were  round*,  the  wound  that  might  be  given 
might  be  cured. 

X.  C.  J.    Did  Grove  intend  to  champ  them?' 

Gets*.    He  did  say  so. 

X.  C.  J.    Did  be  shew  you  the  bullets  ? 


Gates.    I  did  see  them; 

Grave,    When  was  ihis? 

Oatet*    I  saw  the  bullets  in  the  month  of 
May,  and  in  the  month  of  June. 

Whitebread.    Pray,  where  did  you  see  them  f 

Gates.    In  Grove's  possession. 

Whitebread.    At  what  time  ? 

Oatet.    In  the  month  of  May. 

Whitebread.  Then  was  he  actually  himself 
at  St.  Omen.    Was  it  in  May  or  June  ? 

Gates.  The  latter  end  of  May  and  June.  I 
saw  them  then  twice,  if  not  thrice.  But  PicE- 
ering's  I  saw  it)  August. 

Sir  Cr.  Levins.  Do  you  know,  any  thing  of 
Pickering's  doing  penance,  and  for  what  ? 

Oatet.  Yes,  my  lord,  in  the  month  of  March 
last  (for  these  persons  have  followed  the  king 
several  years);  but  he  at  that  time  had  not 
looked  to  the  flint  of  his  pistol,  but  it  was 
loose,  and  he  durst  not  venture  to  give  fire.  He 
had  a  fair  opportunity,  as  Whitebread  said; 
and  because  he  mist  it  through  his  own  neg- 
ligence, he  underwent  penance,  and  had  80  or 
30  strokes  of  discipline,  and  Grove  was  chid- 
den for  his  carelessness. 

X.  C.  J.    That  was  in  March  last  ? 

Oalet.    Yes,  my  lord. 

X.  C.  J.    How  do  you  know  that  ?        • 

Gates.  By  letters  that  I  have  seen  from  Mr. 
Whitebread ;  these  I  saw  and  read,  and  I  anew 
Whitehead's  band. 

Mr.  Serj.  Baldmyn.  What  do  yon  know  of 
the  ruffians  that  went  down  to  Windsor?  What 
success  had  they? 

Gates.  I  can  give  no  account  of  that,  be- 
cause in  the  beginning  of  September  this  'gen-* 
tleman  that  had  been  in  England  some  time 
before,  was  come  to  London  and  the  business 
had  taken  air,  and  one  Beddingfield  had  written 
to  him,  that  the  thing  was  discovered,  and  that 
none  but  such  a  one  cpuld  do  it,  naming  me 
by  a  name  that  be  knew  I  went*  by. 

Whitebread.    When  was  that,  sir? 

Oatet.  In  the  month  of  September  last,  I 
came  to  the  provincial's  chamber  the  3rd  of 
September;  when  I  came  t  could  not  speak 
with  him,  for  he  was  at  supper ;  but  when  he 
had  supped  I  was  admitted  in,  and  there  he 
shewed  me  the  letter  that  he  had  received  front 
Beddingfield. 

Whitebread.    Where  did  you  see  it? 

Oatet.  You  read  it  to  me  <when  you  chid 
me,  and  beat  me,  and  abused  me. 

JL  C.  J.    What  did  he  chide  you  for  ? 

Gates.  He  did  charge  me  with  very  high 
language  of  being  with  the  king,  and  with  a 
minister,  and  discovering  the  matter.  I  was  so 
unfortunate,  that  the  gentleman  who  was  with 
the  king  did  wear  the  same  coloured  %  clothes 
that  I  did  then  wear  t  And  he  having  given  an 
account  that  the  party  wore  such  clothes,  the 
suspicion  was  laid  upon  met  Now,  my  lord,. 
I  had  not  then  been  with  the  king,  but  another 
gentleman  had  been  with  him  from  me  with 
the  draughts  of  some  papers  concerning  this, 
business,  which  1  had  drawn  up,  and  I  Was 
ready  to- appear  when  I  should  be  culled  to> 

■  •  4 


ST)       STATE  TRIALS,  30  Charles  II.  1678.— and  Grate,  ft*  High  Treason.       [98 

justify  them,  only  I  did  not  think  fit  to  appear 
uaniediately :  And  my  lord,  this  Beddinsheld, 
he  had  gotten  into  it  that  it  was  discorered,  and 
writ  the  provincial  word  be  thought  it  was  by 
me;  *  tor/  said  he, '  he  hath  been  drawn  in  by 
*  some  of  bis  old  acquaintance :'  When  he  had 
received  this  letter,  be  asked  me  with  what  face 
I  could  look  upon  him,  since  I  hail  betrayed 
them :  So,  my  lord,  I  did  profess  a  great  deal 
of  moocency,  because  I  had  not  then  been 
with  the  king  ;  but  he  gave  me  very  ill  language 
and  abused  me,  and  I  was  afraid  of  a  worse 
mischief  from  them ;  for  I  could  not  but  con- 
dude,  that  if  they  dealt  so  cruelly  with  those 
that  only  writ  against  them,  I  could  scarce 
escape,  of  whom  they  had  that  jealousy,  that  t 
had  betrayed  them:  And,  my  lord,  though  they 
could  not  prove  that  I  hod  -  discovered  it,  yet 
upon  the  hare  suspicion  I  was  beateu,  and  af- 
fronted, and  reviled,  and  commanded  to  go  be- 
yond sea  again ;  nay,  my  lord,  I  had  my  lodg- 
iag  assaulted,  to  have  murdered  me  if  they  could. 

Whitebread.  By  whom  ? 

Gates.  By  Mr.  Wbitebread,  and  some  of 


Wkittbread.  Who  beat  you  ? 

(tees.  Mr.  Wbitebread  did. 

Mr.  Serj.  Baldwin.  Was  it  Pickering  or 
Grove  that  had  the  flint  of  his  pistol  loose  ? 

Gates.  Pickering. 

Pickering.  My  lord,  I  never  shot  off  a  pistol 
mall  my  Hie. 

JL  C.  J.  What  say  you  as  to  the  fourscore 
pounds  ? 

Gate*.  My  lord,  I  will  speak  to  that ;  that 
was  given  to  the  four  ruffians  that  were  to  kill 
the  king  at  Windsor  :  now,  my  lord,  that 
money  I  saw 

JL  C.  J.  Where  did  you  see  it  ? 

Gates.  At  Harcourt's  chamber. 

JLC.  J.  Where  is  that? 

Gates.  In  Duke  Street,  near  the  arch. 

X.  C.  J.  Who  was  it  given  by  ? 

Gates.  William  Harcourt 

JL  C.  J.  Did  you  see  the  four  fellows  ? 

Oatet.  No,  my  lord,  I  never  did,  nor  never 
knew  their  names. 

JL  C.  J.  Who  was  the  money  given  to? 

Gates.  A  messenger  that- was  to  carry  it 
down  to  diem. 

X.  C.  J,  Who  was  that  messenger? 

Oatet,  One  of  theirs  that  I  do  not  know  ; 
and  I  durst  not  be  too  inquisitive,  my  lord,  for 
fear  of  beingsuspected. 

£•  C.  X  Who  was  by  when  the  money  was 

Gates.  Coleman,  that  is  executed;  and,  my 
lord,  there  was  this  Mr.  Fenwick  by,  that  is 
the  prisoner  at  the  bar. 

Fenwick.  When  was  this  ? 

Qmtet.  In  the  month  of  August. 

Fenwick.  Where? 

Gate*.  At  Harcourt's  chamber. 

Fenwick.  I  never  saw  you  there  in  all  my 
fife  :  are  you  sura  I  was  by  when  the  money 
here? 

(fate*.  Yes,  you  were. 

TOU'toV 


X.  C.  J.  Mr.  Fenwick,  you  shall  have  your 
time  by  and  by  to  ask  him  any  question :  Mr. 
Gates,*  let  me  ask  you  once  again,  When  there 
was  the  appointment  made  for  Grove  and 
Pickering  to  kill  the  king,  who  signed  it  ? 

Oatet.  At  least  forty  signed  it. 

X.  C.  J.  Did  the  other  three  sign  it  ? 

Oatet.    Yes,  my  lord,  all  of  them. 

X.  C.  J.  Name  tbem. 

Oatet.  There  was  Whitebread,  Fenwick,  and 
Ireland. 

X.  C.  J.  And  you  say  you  went  from  place 
to  place,  and  saw  it  signed  r 

Oatet.  Yes,  my  lord,  I  did. 

X.  C.  J.  Were  you  attendant  upon  them  ? 

Oatet.  My  lord,  I  ever  was  since  the  year 
1666. 

L.  C.  J.  At  whose  lodgings  did  you  use  to 
attend  upon  the  consultation  ? 

Oatet.  At  the  Provincial's  chamber,  Mr. 
Whitebread. 

X.  C.  J.  Where  was  it  first  signed  ? 
*  Oatet.  At  the  Provincial's  chamber. 

Sir  Cr.  Levinz.  Who  carried  it  from  lodging 
to  lodging? 

Oatet.  I  did. 

X.  C.J.  When  was  it? 

Oatet.  The  24th  of  April.     •  - 

Mr.  Just.  Bertue.  You  say  you  carried  the* 
result  from  place  to  place,  pray  tell  us  what 
that  result  was? 

Oatet.  They  knew  what  it  was,  for  they  rend 
it  before  they  signed  it. 

Mr.  Just.  Atkins.  But  tell  us  the  contents 
of  it. 

Oatet.  The  contents  of  that  resolve  was 
this  (I  will  tell  you  the  substance,  though  I 
cannot  tell  you  exactly  the  words) :  That 
Pickering  and  Grove  should  go  on  in  their 
attempts  to  assassinate  the  person  of  the  king ; 
as  near  as  I  can  remember  it  was  so  ;  that  the 
former  should  have  30,000  masses  and  the 
latter  1,500/. ;  and  the  whole  consult  did  conv 
sent  to  it,  and  signed  the  agreement  that  was 
made  with  them,  and  did  resolve  upon  the 
king's  death  all  in  one  resolve. 

X.  C.  J.  Where  was  this  agreed  upon  ?  at 
the  White-Hone  tavern  f 

Oatet.  No,  my  lord.  After  they  had  agreed: 
at  the  White-Horse,  that  Mr.  Cary  should  go 
procurator  to  Rome,  and  some  other  small 
particulars,  which  I  cannot  now  remember, 
they  did  adjourn  from  the  White-Horse  tavern, 
and  met  at  several  chambers,  some  at  one 
place,  and  some  at  another* 

X.  C.  J.  But  you  say  Mico  did:  draw  up  the 
resolution,  where  was  that  ? 

Oatet.  At  Mr.  Whitehead's  chamber,  for 
he  was  Socius,  and  secretary  to  the  Provincial. 

X.  C.  J.    Were  Ireland  and  Fenwick  pre-  > 
sent  when  Mico  drew  it  np  ? 

Oatet.  No,  my  lord,  but  they  were  at  their 
own  chambers ;  after  it  was  drawn  up  there, 
and  figned  by  Mr.  Whitebread,  and  those  of 
the  consult  in  his  chamber,  it  was  carried  to 
the  several  consults. 

X.  C.  J,  What,  all  the  same  day 7 

H 


99)        STATE  TRIALS,  30  Charles  II.  1GT8 — Ikud  */  Ireland,  Pickering,        [TOO 


Oates.  Yes,  my  lord. 
X.  C.  J.  And  yoo  went  along  with  it  I 
Oates.  Yes,  my  tore*,  I  did. 
Mr.  Just.  Bertne.  I  only  ask  yen*  were  all 
the  five  prisoners  privy  to  it  ?  or  do  yee  distin- 
guish any  or  them,  and  which  f 
Gate*.  They  were  all  privy  te  it. 

Whit.  My  lord,  we  can  prove 

X.  C.  J.  You  shall  have  time  sufficient  (o 
snake  what  defence  you  can,  you  shall  be  sure 
to  have  a  fair  trial,  and  be  stopt  of  nothing  that 
yoo  will  think  fit  to  say  for  yourselves.  Mr. 
Oates,  were  Pickering  and  Grove  present  ? 

Oates.  Yes,  ray  lord,  Grove  at  Feo  wick's 
chamber,  and  Pickering  at  the  Provincial's 
chamber.' 

X.  C.  J.  But  (hey  were  not  required  to  sign 
this,  w<ere  they  ? 

Oates.  After  tjiat  the  whole  consult  had 
signed  it,  and  Mass  was  preparing  to  be  said 
for  it,  before  Mass,  they  did  sign  and  accept 
of  it. 

X.  C.  J.  Where  dad  they  two  do  it  ? 

Oates.  At  the  Provincial's  chamber. 

X.  C.  J.  What  day  was  it  f 

Oates.  That  day,  "for  they  met  all  together 
at  the  Provincial's  chamber  to  receive  the  Sa- 
crament, and  when  Mass  was  going  to  be  said, 
one  said  it  was  too  late,  for  it  was  after  twelve 
o'clock ;  but  Mr.  Whitebread  said  it  was  not 
afternoon  till  we  had  dined ;  and  you  know, 
Mr.  Whitebread,  that  Masses  have  been  said  at 
one  or  two  o'clock  in  the  afternoon. 

Mr.  Just.  Atkins.  II ow  many  persons  did 
meet  at  that  consult  ? 

Oates.  My  lord,  there  were  about  forty  or 
fifty,  and  after  they  had  adjourned  into  several 
lesser  companies,  they  met  all  together  at  Mr. 
Whitebread's  chamber.    ' 

X.  C.  J.  Where  was  that,  and  when  ? 

Oates.  That  day,  at  Wild-Home* 

X.  C.  J.  Where  was  it  that  they  gave  the 
Sacrament  ? 

Oates.  At  a  little  chapel  at  Wild-House, 
Mrs.  Sanders's. 

X.  C.  J.  Did  they  accept  it  before  they  took 
the  8acrament  ? 

Oates .  Yes,  Pickering  and  Grove  did  sign  it 
before  they  took  the  Sacrament. 

Mr.  Justice  Atkins.  Yoo  tell  us  of  an  Oath 
•of  Secrecy  that  was  taken,  what  was  that  Otth? 

Oates.  I  cannot  give  an  account  of  the 
form  of  the  Oath,  but  it  was  an  obligation  of 
secrecy. 

Mr.  Justice  Atkins.  Did  you  see  the  Oath 
administered?— Oates.  Yes,  niy  lord,  I  did. 

X.  C.  J.    W  ho  administered  it  ? 

Octet.  Mr.  Whitebread,  he  did  give  it  unto 
tne  and  to  all  the  rest  that  were  there,  and  Mico 
held  tlie  book ;  it  was  a  mass-book,  but  they 
were  words  of  his  own  invention,  h  believe, 
they  were  not  written  down. 

X.  C.  £    Cannot  you  tell  what  they  were  f 

Mr.  Oates.  No,  my  lord,  I  cannot  teU,  be- 
cause I  did  not  see  them  written  down. 

X.  C.  J.  If  yon  will  ask  this  gentleman  any 
thing  more,  yourmay. 


Whitebread.  My  lord,  1  an*  m  a  very  weak 
and  doubtful  condition  as  to  my  health,  and 
therefore  I  slioakl  be  very  lota  to  speak  airy 
thing  bat  what  is  trne :  we  are  to  prove  a  ne- 
gattvo,  and  I  know  it  is  much  harder  to  prove 
a  negative,  than  to  a«sert  an  affirmative ;  it  is 
not  a  very  Itard  thing  for  a  man  to  swear  any 
tbrog,  if  he  will  venture  his  soul  for  it;  but 
truly,  I  amy  boldly  say,  m  tlie  sight  of  Ar- 
miglitv  God  before  whom  i  an.  to  appear, 
there  k\v«?  not  been  three  ttroe  words  spoken  by 

this  nittii-v. 

L.  C  J.  Ooyou  bear,  if  yon  cottld  but  satisfy 
us,  that  }i>u  have  no  dispensation  to  call  God 
to  witness  a  lie 

Whitebreud.  My  lord,  I  do  affirm  it  with  aH 
the  protestations  imaginable. 

X.  C.  J.  But  if  you  have  a  religion  that 
can  give  a  dispensation  for  oaths,  sacraments, 
protestations  and  falsehoods  that  are  in  the 
world,  how  can  you  expect  we  should  believe 
you? 

Whitebread.    I  know  no  such  thing. 
X.  C.  J.  We  shall  see  chat  presently,  before 
we  have  done. 

Oates.  I  have  one  thing  more  to  say,  my 
lord,  that  comes  into  my  mind.  This  White- 
bread  received  power  from  the  see  of  Rome  to 
grant  out  cominissioae  to  officers  military. 
And,  my  lord,  here  are  the  seals  of  the  office 
in  court,  which  he  hath  sealed  some  hundreds 
of  commissions  with,  which  they  call  patents. 

X.  C.  J.  What  were  those  commissions  for  } 
For  an  army  ? 

Oates.    Yes,  my  lord,  for  an  army. 
Whitebread.    When  were  those  commissions 
signed  ?  ' 

Oates.  My  lord,  several  of  them  were  signed 
in  the  formerproviiici&l's  time. 

X.  C.  J.  What,  I  warrant  you,  you  are  not 
provincial  of  the  Jesuits,  are  you  ? 

Whitebread.    I  cannot  deny  that,  my  lord. 
X.  C.  J.    Then  there  are  more  than  three 
words  he  hath  spoken  are  true. 

Mr.  Justice  Atkins.  I  believe,  Mr.  Oates, 
that  that  army  was  intended  for  something,  pray 
what  was  it  for  ? 

Oates.  My  lord,  they  were  to  rise  upon  the 
death  of  the  king,  and  let  the  French  king  in> 
upon  us,  and  they  had  made  it  their  business 
to  prepare  Ireland  and  Scotland  for  the  receiv- 
ing of  a  foreign  invasion. 

X.  C.  J.  Who  were  those  comimssions  sealed 
by? 

Oates.  My  lord,  the  commissions  of  the 
great  officers  were  sealed  with  the  general's  seel. 
X.  C.  J.  Who  was  that  ? 
Oates.  His  name  is  Johannes  Paulas  de 
Oiiva  :  His  seal  sealed  the  Commissions  for  the 
generals,  major- generals  and  great  persons; 
but  tbose  seals  that  sealed  the  several  commis- 
sions to  several  inferior  officers,  were  in  the 
custody  of  the  provincial. 

X.  V.  J.  .Can  you  name  any  one  person 
that  he  hath  sealed  a  commission  to? 

Oates.  I  can  name  one :  To  sir  John  Gage* 
which  commission  I  delivered  myself. 


101]     STATE  TRIALS,  30  Cham.es  II.  1 078.— and  Grove,  for  High  Treason.     £10$ 


L.C.J.     What,  of  Sussex? 

Oalcs.    Yes,  of  Sussex. 

Mr.  Justice  A  iking.  Who  did  you  receive  the 
commission  frunv? 

Oates.  ffy  lord,  when  "he  went  over,  he  left 
a  great  many  blank  patents  to  be  filled  up,  and 
he  left  one  ready  sealed  for  a  commission  to  sir 
John  Gage.  This  was  delivered  into  my  hands 
when  be  was  absent,  but  it  was  signed  by  him, 
mad  delivered  to  me  while  he  was  in  Jus  visita- 
tion beyond  the  seas,  but  I  dare  swear  it  was 
fats  hand,  as  I  shall  answer  it  before  God  and 
the  king. 

Mr.  Justice  Atkins.    Who  had  it  you  from  ? 

GaZes.  From  Mr.  Ashby,but  by  Whitehead's 
appointment  in  his  instructions,  which  I  saw 
and  read. 

X.  C.  J.     What  was  the  commission  for  ? 

Gates,    To  be  an  officer  in  the  army. 

X.  C.J.  Did  you  see  lb  e  instructions  left 
for  Asoby  ? 

Onteu  I  did  see  them,  and  read  them,  and 
I  did  then,  as  I  always  did,  gi\e  it  as  my  judg- 
ment, that  it  was  more  safe  to  poison  the  king, 
than  to  pistol  or  srab  him. 

Mr.  Justice  Bertue.  Was  the  commission 
which  you  delivered  to  sir  John  Gage,  from 
Ashby  or  from  Whitebread  ? 

Oates.  I  had  it  from  Ashby,  but  White- 
bread,  who  was  then  beyond  sea,  had  signed 
this  commission  btfore  be  went.  My  lord,  I 
hare  soraerhing  more  yet  to  say,  and  that  is  as 
to  Mr.  Grove,  That  he  did  go  about  with  one 
Smith  to  gather  Pel er -pence,  which  was 
either  to  carry  on  the  design,  or  to  send  them 
to  Rome.  I  saw  the  book  wherein  it  was  en- 
tered, and  I  beard  him  say  that  he  bad  been 
gathering  of  ii. 

Grave.     Wliere  was  this  ? 

Oates.  Io  Cockpit-alley,  where  you  knew  I 
lodged. 

Grove.    Did  I  ever  see  you  at  yoor  1<  >dging  ? 

Oates.    You  saw  me  at  roy  own  door. 

JL  C.  J.     Why,  don't  you  know  Mr.  Oates  ? 

Drove.     My  lord,  I  have  seen  him  before. 

X.  C  /.  Why  this  it  is,  ask  a  Papist  a 
question,  and  you  shall  have  a  Jesuitical  an- 
swer. 

Oates.  I  will  convince  the  Court  that  he  does 
knew  ine  by  some  circumstances.  My  lord,  in 
the  month  of  Dec  last,  by  the  provincial's  or- 
der  

X-  C.  /.  I  would  ask  him  first,  whether  he 
does  know  you  or  no.  Do  you  know  Mr. 
Oaiea? 

Grove.    I  have  seen  him  before. 

X.  C.  J.  Have  you  been  often  in  his  com- 
pear? 

Grove.    No,  my  lord. 

L.  C.  J.    What  do  yon  call  often  ?    Have 

Ebeen  in  his  conii>aov  seven  or  eight  times  ? 
we  most  deal  suotilly  with  such  as  you  are) 
e  you  been  in  his  company  ten  times? 
Grove.    No. 

X.  C.  J.    What  say  you  to  three  times  ? 
Grose*  Yes,;  J  bc)ieve  I  have  seen  him  twice 
or  thrice* 


X.  C.  J.  Where  ?  did  you  never  see  him  at 
Whitehead's  ? 

Grove.  As  I  hope  to  be  saved,  and  "before 
the  eternal  God.  I  did  never. 

Oates.  I  will  convince  him  and  the  court, 
that  he  does  know  me,  and  is  well  acquainted 
with  me;  In  the  mouth  of  December  last  I 
went  to  Si.  Omers,  I  went  first  to  the  then  pro- 
vincial's ho  u«e,  to  take  my  leave  of  hiiin,'  and 
there  I  met  Mr.  Grove,  and  he  appointed  to 
come  to  my  lodging  the  next  morning,  near  the 
Red  Lion  in  Drury  lane,  at  one  Grigson's- 
house,xand  he  was  so  well  acquainted  with  me 
then,  that  he  had  lent  me  eight  shillings  to  hire 
the  coach. 

L.  C.  J.    Did  you  lend  him  eight  shillings  ? 

Grove.     I  did,  my  lord,  I  do  not  deny  it. 

X.  C.  J.  How  came  yon  to  do  it,  when  it 
seems,  if  you  say  true,  he  was  a  st  ran  get  to 
you? 

Grove.    I  thought  I  should  have  it  again. 

X.  C.J.     What,  of  him? 

Grove.    Yes. 

X.  C.  J.  Did  he  desire  you  to  lend  him  the 
eight  shillings? 

Grove.    Yes,  he  did,  my  lord. 

Oates.  Then  there  is  one  time  that  be  con* 
fesses  he  saw  me. 

L.  C.  J.    Did  yon  not  know  him  before  ? 

Grove.  I  had  no  acquaintance  with  him,  f 
had  seen  him. 

X.  C.  J.  Mow  came  you  then  to  lend  money 
to  one  you  had  no  more  acquaintance  with  ? 

Grove.  I  knew  I  should  go  along  with  him 
to  the  coacb,  then  I  thought  I  should  have  it 
again. 

X.  C.  J.  Mr.  Oate?,  were  you  going  beyond 
sea  then  ? 

Oates.    Yes,  my  lord,  I  was. 

X.  C.  J.  Mr.  Gate •,  did  you  pay  him  that 
money  f 

Oates.    No,  my  lord,  I  did  not: 

X.  C.  X  Did  ycu  ask  him  for  the  money,  end 
had  you  it  ? 

Grove.    He  did  not  pay  it  me. 

X.  C.  J  How  then  were  you  sure  you 
should  have  it  ? 

Grove.  He  did  order  me  to  go  to  such -a* 
one  for  it. 

X  C.  J.     Who  was  that  ? 

Grove.    Mr.  Fen  wick,  I  think. 

X.  C.  J.  Then  Mr.  Oates  Was  known  to 
you  all,  he  was  no  such  stranger  to  you  as  you 
would  make  us  believe. 

Oates.  Thus  be  confesses  three  tidies  he 
had  seen  me,  once  before  he  lent  me  the  money, 
another  time  when  he  lent  it,  and  the  tbiro 
time  the  neit  day.  And  I  will  put  him  in 
mind  of  another  time,  when  he  and  I  were  in 
company,  wliere  one  brought  us  a  note  of  what 
was  done  in  tbe  House  of  Commons,  turned 
into  burlesque,  for  they  used  to  turn  alt  that 
was  done  at  tbe  council,  or  at  the  parliament, 
or  at  the  courts  in  Westminster-haH,  into  bur- 
lesque, and  then  translated  it  into  the  French, 
and  sent  it  to  the  French  king,  for  him.  to 
laugh  at  too.    But  that  by  the  way.    twice 


103]        STATE  TRIALS,  30  Charles  II.  1678.— Trial  tf  Ireland,  Pickering,       [104 

turn  again,  and  betake  myself  to  the  ministry 
to  get  bread,  for  I  have  eaten  nothing  these  two 
days :  and  I  then  gave  him  five  shillings  to  re- 
lieve his  present  necessity. 

Vales.  My  Lord,  I  will  answer  to  that ;  I 
was  never  in  any  such  straits,  I  was  ordered  by 
i  he  provincial  to  be  taken  care  of  by  the  Pro- 
curator. 

Fenw.  You  brought  no  such  order  to  me. 
Oates.  Yes,  Mr.  Fen  wick,  you  know  there 
was  such  an  order,  and  I  never  received  so  little 
in  my  life  as  five  shillings  from  you  :  I  have  re- 
ceived 20  and  30  and  40*.  at  a  time,  but  never 
so  little  as  five. 

X.  C.  J.  You  are  more  charitable  than  you 
thought  for.  ' 

Fenw.  He  told  me  he  had  not  eaten  a  bit  in 
two  days. 

Oates.  I  have  indeed  gone  a  whole  day  with- 
out eating,  when  I  have  been  hurried  about 
your  trash ;  but  I  assure  you,  my  lord,  I  never 
wanted  for  any  thing  among  them. 
L.  C.  J.  Perhaps  it  was  tasting-day. 
X.  C.  Baron.  My  Lord,  their  fasting-days 
are  none  of  the  worst. 

Oates.  No,  we  commonly  eat  best  of  those 
days. 

X.  C.  J.  Have  you  any  thing  to  ask  him,  any 
of  you  ? 

Whitebread.  My  Lord,  will  you  be  pleased 
to  give  me  leave  to  speak  for  myself. 

Just.  Atkins.  It  is  not  your  time  yet  to  make 
your  full  defence,  but  if  you  will  ask  him  any 
questions,  you  may. 

Whitebread.  I  crave  your  mercy  my  Lord. 
X.  C.  J.  Will  you  ask  him  any  questions  ? 
Fenw.  Did  not  you  say  that  you  were  at  my 
chamber  the  24th  of  April,  with  the  resolve  of 
the  consult  ? 

Oatet.  That  resolve  I  did  then  carry  to  your 
chamber. 

Fenw.  Then  was  he  himself  at  St.  Omers. 
X.  C.  J.  The  difference  of  old  stile,  and  hew 
stile  may  perhaps  make  some  alteration  in  that 
circumstance. 

Whitebread.  But,  my  Lord,  he  hath  sworn  he 
was  present  at  several  consultations  in  April 
and  May,  but  from  November  till  June  he  was 
constantly  at  St.  Omers. 

X.  C.  J.  If  you  can  make  it  out  that  he- was 
at  St.  Omers  all  April  and  May,  then  what  he 
bath  said  cannot  be  true. 

Ireland.  He  himself  hath  confessed  it  that  ha 
was  at  St*  Omers. 

X.  C.  J.  If  you  mean  by  confession,  what 
stands  upon  the  evidence  he  hath  given,  I  will 
remember  you  what  that  was.  He  says  he  came 
to  St.  Omers 

Oates.  Will  your  lordship  give  me  leave  to 
satisfy  the  court :  in  the  month  of  December, 
or  November,  I  went  to  St.  Omers :  I  remain- 
ed there  all  January,  February,  March,  and^ 
some  part  of  April :  then  I  came  over  with  the 
Fathers  to  the  consult  that  was  appointed  the 
34th  of  that  month. 
Fenw.  Did  you  go  back  again?  Ottes.  Yea, 
Fenw.  When  was  that  ? 


more  he  drank   in  my  company,  at  the  Red  { 
Posts  in  Wild- street,  and  once  more  when  he 
owned  to  me,  that  he  fired  South wark. 

X.  C.  J.  Now  by  the  oath  that  you  have 
taken,  did  he  own  to  you  that- be  had  fired 
South  wark  ?  ■ 

Oates.  My  lord,  he  did  tell  me  that  he  with 
three  Irishmen  did  fire  Southwark,  and  that 
they  had  1,000/.  given  them  for  it,  whereof  he 
had  400/.  and  the  other  200/.  a  piece. 

X.  C.  J.  Now  for  Mr.  Feuwick.  Do  you 
know  Mr.  Oates? 

Fenwick.    Yes,  my  lord,  I  do. 

X.  C.  J.  Were  you  well  acquainted  with 
liim  ?  speak  plain. 

Oates.  He  was  my  father-confessor,  my 
<lord. 

X.  C.  J.  Was  he  so  ?  were  you  his  con- 
fessor ? 

Fenwick.  I  believe  he  never  made  any  con- 
fession in  his  life. 

L.  C.  J.  Yes,  he  hath  made  a  very  good 
one  now.  Were  you  of  his  acquaintance,  Mr. 
Fenwick  ?  speak  home,  and  don't  mince  the 
natter. 

Fenwick.     My  lord,  I  have  seen  him. 

X.  C.J.  I  wander  what  you  are  made  of: 
Ask  a  Protestant,  an  English  one,  a  plain  ques- 
tion, and  he  will  scorn  to  come  dallying  with  an 
evasive  answer. 

Fenw.  My  Lord,  I  have  been  several  times . 
in  his  company. 

X.  C.  J.  Did  you  pay  8t.  for  him  ? 

Fenw.  Yes,  I  believe  I  did. 

X.  C.  J.  How  came  you  to  do  it  ? 

Fenw.  He  was  going  to  St.  Omers. 

X.  C.  J.  Why,  were  you  Treasurer  for  the 
Society  ? 

Fenw.  No,  my  Lord,  I  was  not. 

X.  C.  J.  You  never  bad  your  8#.  again,  had 

Fenw.  It  is"  upon  my  book,  my  Lord,  if  I  ever 
had  it. 

X.  C.  X  Did  Mr.  Oates  ever  pay  it  again  ? 

Fenw.  No,  sure,  he  was  never  so  honest, 

X.  C.  J.  Who  had  you  it  of  then  ? 

Fenw.  I  am  certain  I  had  it  not  from  him ; 
be  did  not  pay  it. 

X.  C.  J.  How  can  yon  tell  you  had  it  then  ? 

Fenw.  I  do  suppose  I  bad  it  again,  but  not 
of  Mr.  Oates. 

L.  C.  J.  Had  you  it  of  Ireland  ? 

Fenw.  I  do  not  know  who  I  had  it  of,  my 
lord,  nor  certainly  whether  I  had  it. 

X.  C.  J.  Why  did  you  not  ask  Mr.  Oates  for 
it? 

Fenw.  He  was  not  able  to  pay  it. 

X.  C.  J.  Why  did  you  theu  lay  it  down  for 
him. 

Fenw.  Because  I  was  a  fool. 

I*.  C.J.  That  must  be  the  conclusion  always : 
when  you  cannot  evade  being  proved  knaves 
*  by  answering  directly,  you  will  rather  suffer 
yourselves  to  be  called  fools. 

Fenw.  My  Lord,  I  have  done  more  for  him 
than  that  comes  to ;  for  be  came  once  to  me  in 
a  miserable  poor  condition,  and  said,  I  must 


105}     STATE  TRIALS,  30  Caarlks  II.  1078.— 4/irf  Grove,  far  High  Treason.     [IOC 


Oates.  Id  the  month  of  May,  presently  after 
the  consults  were  over. 

lour.  And  we  can  prove  by  abundance  of 
witnesses  that  he  went  not  from  St.  Omen  all 
that  month. 

L.  C.  J.  Yon  shall  have  what  time  you  will 
to  prove  what  you  can ;  and  if  you  can  prove 
what  you  say,  you  were  best  fix  it  opon  him  ; 
for  he  saJth  he  was  he  re  at  the  consults  in  April 
and  May  ;  if  yon  can  prove  otherwise,  pray  do. 

Fenw.  We  can  bring  an  authentic  writing  (if 
there  he  any  such)  from  St.  Omers,  under  the 
seal  of  the  college,  and  testified  by  all  in  the 
college,  that  he  was  there  all  the  while. 

L  C.  J,  Mr.  Fenwick,  that  will  not  do;  for 
first,  if  it  were  in  any  other  case  besides  this, 
it  would  be  no  evidence ;  but  I  know  not  what 
ynu  cannot  get  from  St.  Omers,  or  what  you 
will  not  call  authentic. 

Fenw.  Does  your  lordship  think  there  is  no 
justice  out  of  England  ? 

L.  C.  J.  It  is  not,  nor  cannot  be  evidence 
here. 

Tone.  It  shall  be  signed  by  the  magistrates 
of  the  town. 

L.  C.  J.  What,  there  ? 

Fenw.  Yea,  there. 

L.  C.  J.  You  must  be  tried  by  the  laws  of 
England,  which  sends  no  piece  of  fact  out  of 
die  coon  try  to  be  tried. 

Fata?.  Bat  the  evidence  of  it  may  be  brought 


L.  C.  X  Then  you  should  have  brought  it. 
You  shall  have  a  fair  trial ;  but  we  most  not 
depart  from  the  law  or  the  way  oftria),  to  serve 
your  purposes.  You  must  be  tried  according 
to  the  law  of  the  land. 

Just.  Atkhts.  Such  evidences  as  you  speak 
of  we  would  not  allow  against  you ;  and  there- 
fore we  must  not  allow  it  for  you. 

Whit.  May  this  gentleman  be  put  to  this; 
to  produce  an  v  two  witnesses  that  saw  him  in 
town  at  that  time  ? 

Outes.  I  will  give  some  circumstauces  and 
what  tokens  I  have  to  prove  my  being  here: 
Father  WarneT,  sir  Tho.  Preston,  Father  Wil- 
liams, and  air  John  Warner,  they  came  hither 
with  me  from  St.  Omers;  there  was  one  Nevil, 
'&c.  I  cannot  reckon  them  all. 

L.  C.  J.     You  have  named  enough. 

Gates.  But  to  convince  them,  there  was  a 
fed  in  the  house  that  was  got  to  the  end  of  his 
Bhetorick  ;  this  lad  was  whipt  and  turned  out 
of  the  house,  and  had  lost  all  his  money  :  Fa- 
ther Wil'iams  did  re-imburse  this  lad  in  order 
to  bis  bringing  home,  I  think  the  lad's  name  was 
Hnaley,  or  some  such  name.  And  we  came 
up  to  London  together. 

L.  C.  J.  What  say  you  to  this  circum- 
stance? 

Whit.  My  Lord,  be  knew  that  two  such 
came  to  town,  but  he  was  not  with  them. 

JU  C.  J.  You. are  now  very  good  at  a  nega- 
tive, I  see ;  how  can  you  tell  that  ? 

Whit.    My  Lord,  he  could  not  come. 

£.  C.  /.    How  can  you  tell  he  could  not 
} 


Whit.  I  can  fell  it  very  well,  for  he  had  no 
order  to  come,  nor  did  come. 

LJC.  J.  How  can  you  undertake  to  say 
that  he  did  not  come  ? 

Whit.  Because  he  had  no  order  to  come. 

L.  C.  J.  Is  that  all  your  reason  ?    Where  • 
were  you  then  ? — Whit.  I  was  here. 

L.  C.  J.  How  do  ynu  know  he  was  not  here? 

Whit.  He  had  no  orders  to  come. 

L.  C.  J.  Have  you  any  other  circumstance, 
Mr.  Oates,  to  prove  that  you  were  here  then  ? 

Gates.  My  lord,  when  I  came  to  London,  I 
was  ordered  to  keep  very  close,  and  I  lay  at 
Grove's  house ;  let  him  deny  it  if  be  can,  I 
will  tell  you  who  lay  there  then— — — 

Grove.  Did  you  ever  lie  at  my  house  ? 

Gates.  There  lay  a  flat  en- haired  gentleman, 
I  forgot  his  name  :  but  I  will  tell  you  who  lay 
there  besides ;  that  is  Strange,  that  was  the 
late  provincial. 

L  C.  J.  Did  Strange  ever  lie  at  your  house  ? 

Grove.  Yes,  my  lord,  he  did. 

L.  C.  J.  Did  he  lie  there  in  April  or  May  f 

Grove.    No,  he  did  not  in  either  of  them. 

L.  C.  J.    You  wilt  make  that  appear. 

Grove.  Yes,  that  I   can  by  all  the  house. 

L.  C.  'J.  Have  you  any  more  questions  to 
ask  him  ?  If  you  have,  do :  If  you  can  prove 
this  upon  him,  that  he  was  absent,  and  not  in 
England  in  April  or  May,  you  hare  made  a 
great  defence  for  yourselves,  and  it  shall  be  re- 
membered for  your  advantage  when  it  comes  to 
your  turn :  in  the  mean  time,  if  you  have  no 
more  to  say  to  him,  call  another  witness.  Lee 
Mr.  Oates  sit  down  again,  and  have  some -re- 
freshment. 

Mr.  Serj.  Baldwin.  We  will  now  call  Mr. 
Bedlow,  my  lord. 

Then  Mr.  Bedlow  wAs  sworn. 

Mr.  Serj.  Baldwin.  Mr.  Bedlow,  pray  do  you 
tell  my  lord  and  the  jury  what  you  know  of  any 
design  of  killing  the  king  and  by  whom. 

Bedlow.  My  Lord,  1  have  been  five  years  al- 
most employed  by  the  society  of  Jesuits  and 
the  English  monks  in  Paris  to  carry  and  bring  let- 
ters between  them  from  England  and  to  England 
for  the  promoting  of  a  design  tending  to  the  sub* 
version  of  the  govermnent,aod  the  extirpating  of 
the  Protestant  Religion,  to  that  degree  (which 
was  always  concluded  on  in  alt  their  consults 
wherein  I  was)  that  they  would  not  leave  any 
member  of  any  Heretic  in  England,  that  should 
survive  to  tell  in  the  kingdom  hereafter  that 
there  ever  was  any  such  religion  in  England  as 
the  Protestant  Religion 

Here  Whiteb  read  .would  have  interrupted  bun. 

My  lord,  I  am  so'weH  satisfied  in  their  deni- 
als, that  I  cannot  but  believe  they  whojean, 
give  a  dispensation,  and  hare  received  the  sa- 
crament to  kill  a  king  and  destroy  a  whole  king- 
dom, do  not  scruple  to  give  a  dispensation  for  a 
little  lye  to  promote  such  a  design,  for  so  much 
as  this  expiates  any  lie  or  greater  crime. 

Sir  Cr.  Levinj.  Pray,  sir,  will  you  be  pleased 
to  tell  your  whole  knowledge  concerning  the 
prisoners  at  the  bar. 


s 


107]        STATE  TRIALS,  30  Charles  II  1678.— Trial qf  Ireland,  Picketing,       [I0S 


Bedlaw.  The  first  letter  I  carried  was  from 
Mr.  Harcourt,  at  his  house  next  door  to  the 
arch  in  Duke-strect.  He  hath  been  Procurator 
for  the  Jesuits  about  si*  years.  He  employed 
me  first,  and  sent  for  me  over,  for  1  nus  then 
.lieutenant  in  Flanders,  and   corning  home  to 

receive  my  pay  that  was  due  to  me 

-  L.  C.  J.  How  long  is  it  ago  ? 

Bedlow.  Michaelmas  last  was  four  years  : 
when  I  came  to  Dunkirk  I  went  to  viait  the 
English  nunnery  there,  and  the  lady  Abbess 
finding  me  very  pliable  and  inclinable,  made 
very  much  of  me,  and  I  did  adhere  to  her. 
She  kept  me  six  weeks  in  the  convent, and  after- 
wards when  I  went  away,  recommended  mc  to 
sir  John  Warner,  as  an  instrument  fit  to  be  em- 
ployed in  the  carrying  of  letters,  or  doing  any 
thing  that  would  promote  the  design  against 
England.  He  kept  me  at  Sr.  Omers  a  fortnight 
and  after  sent  me  to  Father  Harcourt  to  be  in- 
structed in  my  employment.  It  was  then  winter; 
the  next  spring  he  sends  me  into  England  with 
divers  letters,  where  by  Mr.  Harcourt  I  was 
employed  to  carry  several  letters  to  Morton 
ana  Do  way,  and  other  places:  that  summer  I 
was  sent  into  England  without  an  answer:  but 
»fterwards,in  1676,  which  was  the  next  summer, 
I  was  to  carry  another  pacquet  of  letters  to  the 
monks  at  Paris,  who  sent  it  to  other  £ngli*b 
Monks  in  France 

L.C.J.  Who  sent  that  pacqnet  of  letters  in 
1676  ? 

Bedlow.  I  had  it  from  Mr.  Harcourt,  and  it 
was  written  by  Harcourt,  Pritchard  and  Cary. 

L,  C.  J.  To  whom  ? 

Bedlow.  To  the  English  Monks  in  France, 
and  in  it  there  was  a  letter  to  La  Chaise.  Upon 
the  receipt  of  these  letters  at  Paris  La  Chaise 
had  a  consultation  with  the  Monks  and  a  French 
bishop  or  two  about  them ;  I  did  not  then 
speak  French  enough  to  understand  what  it 
was  they  said,  but  it  was  interpreted  to  me  by 
Mr.  Staplcton  an  English  Monk,  who  told 
me  that  it  was  a  letter  .  from  my  lord  Bellasis 
and  others  of  the  Catholic  religion,  English 
gentlemen  that  were  contrivers  of  the  plot  here, 
to  satisfy  them  in  what  state  things  stood  in 
England  as  to  popery.  I  was  sent  back  again 
with  a  pacquet  of  letters  directed  to  Mr. 
Vaughan  of  Courtfield  in  Monmouthshire. 

L.C.J,  From  whom  was  that? 

Bedlow.  From  the  English  Monks  at  Paris. 
Prom  that  consultation  I  went  to  Pontbois, 
i  there  received  other  letters  to  carry  into 
England,  I  had  a  course  to  open  their  letters, 
and  read  what  was  in  them ;  and  in  those  let- 
tfers  was  contained,  that  the  prayers  of  that 
house  were  for  the  prosperity  of  that  design, 
and  they  would  not  mil  to  be  at  the  consulta- 
tion at  ■  ■  of  Warwickshire  gentlemen. 
I  fell  sick  at  Monmouth,  and  Mr.  Vaughan 
tent  to  me  a  Jesuit  to  confess  me  ;  but  I  was 
well  before  be  came,  and  so  was  not  confessed 
by  him.  I  now  come  to  the  latter  times.  . 
'  I.  C.  J.  You  mast  speak  it  over  to  the 
J#ry,  that  they  and  the  prisoners  may  hear  you. 

&dlow.  The  26th  of  May,  I6T7,  which  was 


last  year,  I  was  sent  over  with  another  pacquet 
of  letters.  I  had  no  letters  of  consequence 
forward,  and  therefore  did  not  call  then  at 
Wotrun,  but  I  called  upon  the  lady  Abbess  at 
Him  kirk,  and  I  went  thence  to  Bruges  and  to 
Ghent,  where  I  had  some  letters  for  the  Eng- 
lish nuns,  which  I  delivered  to  thtni.  When  I 
came  to  Dowav,  T  found  there  that  the  monks 
were  gone,  that  was  Sheldon,  Staplcton,  and 
Latham,  but  the  letters  were  directed  to  Paris, 
and  therefore  I  made  haste,  and  at  Cambray  I 
overtook  them.  And  the  letters  were  to  give  an 
account  of  the  consultation  held  in  the  gallery 
at  Somerset-house :  All  tending  to  the  destruc- 
tion of  the  Protestant  religion,  and  killing  the 
king  ;  but  I  do  not  think  fit  to  declare  here 
who  were  the  persons  that  ware  present  at  that 
consultation.  At  Cambray  they  were  very  joy- 
ful that  there  was  so  good  n  proceeding  in  Eng- 
land. At  Paris  when  the  letters  were  shewed, 
there  was  a  letter  written  in  a  language  which 
I  did  not  understand,  but,  as  I  was  told,  in  that 
letter  they  wfrre  charged  in  Paris  by  my  lord 
Bellasis,  that  they  did  not  proceed  according  to 
their  promise  to  them  in  England ;  but,  said 
Stapleton  to  mp,  Myionl  Bellasis  nor  the  so- 
ciety in  England  need  not  to  write  thus  to  us, 
for  we  nre  not  so  backward  but  that  we  can 
lend  men,  nnd  money,  and  arms  too,  and  will 
upon  occasion.  Fiom  the.nce  they  sent  me  to 
Spain  with  a  letter  to  an  Irish  Father  :  I  did 
overtake  him  at  Sa  Mora.  From  thence  I  went 
with  another  letter  to  the  rector  of  a  College 
of  Irish  Jesuits  in  Salamanca.  By  their  con- 
trivance I  wsb  sent  to  St.  Jago  in  Spain,  where 
was  another  college  of  Irish  Jesuits :  there  I  staid 
till  I  bad  an  answer  lo  sir  William  Godolphin  ; 
and  when  I  had  the  answer  to  that  letter,  I 
went  for  the  letter  from  the  rector  at  Sala- 
manca. The  Jesuits  there  told  me,  they  would 
take  care  to  send  their  own  answer  another  way ; 
And  w  hen  they  had  made  me  that  promise,*  I 
came  away  for  England,  and  landed  at  Milford- 
Haven  ;  AH  this  reaches  to  none  of  those  per- 
sons in  particular  ;  But  what  I  now  shalk  say 
shall  be  about  them,  only  it  was  necessary  I 
shoeld  speak  of  what  I  have  said. 

L.  C.  J.  The  meaning  of  all  this  is  only  to 
shew  the  Jury  and  satisfy  them,  that  he  was 
an  agent  for  these  men,  and  hath  been  employ- 
ed by  them  for  five  years  together,  and  he  names 
you  the  particular  places  whither  he  hath  been 
sent,  to  shew  you  the  reasons  of  his  knowledge 
in  this  matter,  and  upon  what  account  he  cornea 
to  be  informed  of  this  design, 

Bedlam.  Having  received  the  news  of  that 
country,  I  did  there  take  water,  and  landed 
again  at  Pensans,  and  when  I  came  to  London 
I  gave  the  letter  to  Harcourt :  what  was  in  that 
pacquet  I  cannot  particularly  tell,  for  I  was 
not  so  inquisitive  as  to  look  into  the  contents 
of  it,  but  I  know  it  was  tending  (as  all  the  rest 
did)  to  the  carrying  on  of  this  plot :  Afterwards 
I  was  employed  by  Harcourt  and  Coleman  to 
go  to  some  parts  of  England  to  commaoicat* 
the  letters  to  some  of  the  popish  petty, 

L.  C.  J.    Now  turn  to  the  Jury. 


106]     STATE  TRIALS,  30  Ciiakles  II.  ltt8<— «m!  Gtvcc,  for  High  TVcwen.     [IK) 


Bedkm.  The  Summer  nw  pa6t  in  the  doing 
of  that :  In  the  beginning  of  August  tat*  there 
wasa  constitution  and  a  close  one  at  tfurcourl'B 
chamber,  so  as  that  they  did  not  permit  we  to 
know  any  thing  of  it.  I  went  out  of  town  for 
a  fortnight,  and  when  I  relumed,  I  understood 
there  had  been  such  a  meeting  ;  I  charged 
them  with  their  privacy  in  it,  aud  asked  what 
was  the  private  design  of  that  consultation  ; 
they  said  it  was  something  I  should  know  in 
tine :  That  it  did  not  signify  much  at  present, 
hat  in  time  I  should  know  it :  But  theu  I  un- 
derstood by  Pritchard,  who  was  more  my  con- 
fident than  any  of  the  rest,  thnt  it  wa*  a  de- 
sign to  kill  the  king  :  That  Pickering  and  Orove 
had  undertaken  it  a  great  while,  and  that  they 
had  been  endeavouring  a  long  while  to  bring  it 
to  pass. 

temcick.  Where  was  tljis  meeting,  and  when  ? 

Bedhm.  Last  Augu?t,at  Harcourt's  chamber. 

FcJtmrick.  Who  were  present  there  ? 

Bedlow.  Be  pleased  to  give  me  leave  to  go 
oa ;  I  will  tell  you  by  and  by :  Then  I  understood 
as  I  said,  that  it  was  to  kill  the  king,  bat  that 
Pickering  and  Grove  railing  of  it,  they  had 
Isred  fbar  ruffians  that  were  to  go  to  Windsor, 
and  do  it  there  and  that  if  I  would  come  the 
next  day,  I  ebould  hear  from  Coleman  the 
effect ;  When  I  came  there  I  found  Coleman 
was  gone  but  Pritcbard  said  there  were  some 
seat  to  Windsor,  and  that  Coleman  was  go- 
ing after  them,  end  that  he  had  given  a  mes- 
senger a  guinea  that  was  to  carry  the  mo- 
ney to  them.  And  he  would  presently  be  after 
them,  for  fear  they  should  want  opportunity  to 
effect  their  design.  Then  I  discoursed  them, 
why  they  kept  their  design  so  long  hid  from 
me  ?  They  said  it  w  as  a  resolve  of  the  society, 
and  an  order  of  my  lord  Bellasis,  that  none 
should  know  it  but  the  society,  and  those  that 
were  actors  in  it.  I  seemed  satisfied  with  that 
answer  at  present.  About  the  latter  end  of 
August,  or  the  beginning  of  September,  (bnt  I 
believe  it  was  the  latter  end  of  August)  I  came 
to  Harcourt's  chamber,  and  there  was  Ireland 
and  Pritcbard,  and  Pickering,  and  Grove. 

X.  C.  J.     What  part  of  August  was  h  ? 

Bedim?.  The  latter  end. 

JL  C.J.  Do  you  say  if  positively,  that  it  was 
the  latter  end  of  August. 

Be/Horn.  My  lord,  it  was  in  August ;  I  do 
not  swear  positively  to  a  day. 

L.  C  J.     But  you  say  it  was  in  August  ? 

Ireland,  And  that  we  were  there  present  ? 

Bedlow.  You  were  there,  and  Grove,  and 
Pickering. 

Ireland.  Did  you  see  me  before? 

Bedlam.  You  were  present  there,  and  Orove, 
and  Piekefing,  and  rritchard,  and  Fogarthy,. 
and  Harconrt,  and  I. 

X.  C.  J.  What  did  you  talk  of  there? 

3*4ltm.  That  the  ruffians  missing  of  killing 
the  ling  at  Windsor,  Pickering  and  Grove 
shooJd  go  on,  and  that  Conyers  should  be  jpin- 
•d  with  them ;  and  that  was  to  assassinate  the 
king  in  bis  morning  walks  at  Newmarket :  and 
they  bad  taken  it  so  strongly  upon  them,  that 


they  were  very  eager  upon  it :  And  Grave  was 

•snore,  forward  thau  the  rest :  And  said,  since  it 
could  net  be  done  clandestinely,  it  shoald  be 
alternated  openly.  And  that  ihotrthat  da  ml|, 
bad  toe  ptery  to  die  in  a  good  cause.  But 
(said  he)  if  it  be  discovered,  the  discovery  can 
never  cease  to  that  height,  but  \beir  party 
would  be  strong  enough  to  bring  it  to  pass., 

X.  C.  J.    And  yen  swear  Ireland  was  there  ? 

Bedlow.    He  was  there,  my  Lord. 

X.  G.  J.    And  beard  all  this  ? 

Bedlow.  Yes,  my  Lord ;  and  so  did  Grov* 
and  Pickering,  and  the  rest. 

Ireland.  Aiy  Lord,  I  never  saw  htm  before 
in  my  life. 

X.  C.  J.  What  was  the  reward  that  you 
were  to  have  for  your  pains  in  this  business? 

Bed  tow.  My  Lord,  the  reward  that  I  was 
to  have  (as  it  was  told  me  by  Harcoart)  was 
very  considerable :  I  belonged  to  one  particu- 
lar part  of  the  society.  There  are  others;  and 
I  presume*  they  each  kept  their  particular 
messengers. 

X.  C»  J.     What  was  Grove  to-  have  ?  * 

Bedlow.  Grove  was  to  have  fifteen  hundred 
pound,  if  he  escaped,  and  to  be  a  continual 
favourite,  and  respected  as  a  great  person  by 
all  the  church. 

X.  C.  J.    What  was  Pickering  to  have? 

Bedlow.  He  was  to  have  so  many  masses, 
I  cannot  presume  to  tell  the  number ;  but  they 
were  to  be  as  many,  as  at  twelve  pence  a  mass 
should  come  to  tiiat  money :  These  masses 
were  to  be  communicated  to  all  the  .results 
beyond  (he  seas,  that  when  he  had  done  it,  he 
might  be  sent  away  immediately. 

X,  C.  J.  What  can  you  say  of  any  of  the 
rest? 

Bedlow.  My  lord,  I  do  not  charge  any 
more  but  them  three. 

X.  C.  X     What  say  you  to  Whitebread  ? 

Bedfow.  They  have  said,  that  he  was  very 
active  in  the  plot ;  but  I  know  it  not. 

X.  C.  X  That  is  not  any  evidence  against 
him.     What  can  you  say,  as  to  Fenwick  ? 

Bedlow.  No  more  than  I  have  said,  as  to 
Mr.  Whitebread  :  I  only  know  him  by  sight. 

X.  C.  J.  Then  -he  charges  only  these  three 
upon  oath,  Ireland,  Pickering,  and  Grove. 

Ireland.    Do  you  know  sir  John  Warner  ? 

Bedlow.  I  know  Father  Warner  at  St. 
Omers,  and  sir  John  Warner  at  Wotton  by 
St.  Omers. 

Ireland.  He  named  sir  John  Warner  to  be 
at  Paris. 

Bedlow.  It  was  Sheldon  I  spoke  of  (my 
lord)  at  Paris. 

Ireland.  At  least  you  are  certain,  that  I 
was  present  at  that  consultation. 

Bedlow.  Yes :  I  am  certain,  you  were 
there. 

Ireland'.  Can  you  produce  any  witnesf, 
that  you  ever  spoVe  to  me  before  in  your 
life  ? 

Mr.  Sen.  Baldwin.  Do  you  know  any 
thing  of  Mr.  White  bread's  being  present  « 
any  of  the  consults? 


Ill]       STATE  TRIALS,  30  Chau.es  II.  1 678.— TWo/  of  Ireland,  Metering,       [1 12 


Bedlo*. .  I  do  know,  that  Whitebread,'  and 
Fenwick  both,  have  been  several  times  at 
consultations;  bat  I  do  not  know  what  the 
particular  resolves  of  those  consultations  were. 

X.  C»  J.  Did  you  ever  hear  them  speak  any 
thing  in  particular  ? 

Bedlow.  No, .  I  have  never  heard  them 
•peak  any  thing  in  particular. 

X.  C.  J,    Where  have  you  seen  Fenwick? 

Bedlow.  I  have  seen  Fenwick  at  Harcourt's 
chamber,  and  I  have  often  heard  him  talked 
of;  and  it  hath  been  told  me,  That  nothing 
was  done  without  Fenwick. 

Whitebread.    Are  you  sure  yon  know  us  ? 

Bedlow.  I  do  not  say,  you  are  the  man  that 
employed  me :  you  are  the  man  I  was  least 
acquainted  with,  of  all  the  society ;  but  I  have 
seen  you  tl\ere. 

Ireland.  Can  you  bring  any  one  that  can 
testify  it? 

X.  C.  J.  He  must  then  have  brought  one 
of  yourselves ;  and  it  may  be,  be  cannot  pro- 
duce any  such  one. 

Ireland.  Nor  no  one  else,  except  such  a 
knight  of  the  Post,  as  Mr.  Oates. 

X.  C.  J,  You  must  be  corrected  for  that, 
Mr.  Ireland :  You  shall  not  come-  here  to 
abuse  the  king's  evidence.  Nothing  appears 
to  us,  that  reflects  upon  *  Mr.  Oates's  testi- 
mony ;  and  we. must  not  suffer  any  such  sort  of 
language. 

Mr.  Just.  Atk.  Take  off  his  credit  as  much 
as  you  can  by  proof,  but  you  must  not  abuse 
him  by  ill  language. 

Mr.  Finch.  Can  you  tell  the  court  and  the 
jury,  when  it  was  that  by  agreement  Grove 
jhoald  have  the  1,500/. 

Bedlow.  He  was  to  have  it  put  into  a  friend's 
hands* 

L.C.  J.    Do  you  know  that  friend's  name  ? 

Bedlow.    No,  my  lord,  I  do  not. 

Mr.  Finch.  Do  you  know  when  that  was  to 
be  delivered  out  to  him  ? 

Bedlow.  As  to  the  particular  time  of  their 
agreement,  I  do  not  know  it. 

Mr.  Finch.  But  this  he  says,  That  when 
the  agreement  was  made,  he  was  to  have 
1,500/T 

.  X»-  C.  J.  And  he  says  this,  That  Ireland 
was  in  August  last,  with  Pickering  and  Grove, 
and  others,  at  a  consult ;  where  be  was  also. 

Ireland.  But  what  if  I  prove  I  was  not  in 
London  all  August  last,  from  the  beginning  to 
.the  end. 

X.  C.  J.  You  heard  them  talk  of  this 
matter  in  August,  at  Harcourt's  chamber,  you 
say  I  What,  did  they  talk  of  it  as  a  matter  they 
had  agreed? 

Bedlow.  My  lord,  they  brought  it  in,  as 
being  baulked  in  their  design  of  killing  the 
king  at  Windsor ;  and  because  that  had  not 
taken  the  effect  they  intended  it,  they  should 
have  Conyers  joined  to  them,  to  do  it  at  New- 
market. 

Mr.  Finch.  Did  they  tell  you  when,  and 
where  the  agreement  was  made  ? 

X.  C.  /.    No,  he  speaks  not  of  that;  but 


they  talked  of  the  failure  at  Windsor :  And 
therefore  they  did  conclude,  that  Conyers 
should  be  joined  to  them,  to  do  it  at  New- 
market.— Bedlow.  Yes,  my  lord. 

X.  C.  J.    Have  you  any  more  to  say  ? 

Bedlow.  My  lord,  I  would  only  say  this  ; 
If  I  had  any  to  prove  what  I  say,  they  mu»t  be 
parties  as  well  as  these  persons. 

Ireland.  My  lord,  I  will  prove,  That  I 
was  not  in  town  in  August  all  the  month,  by 
twenty  witnesses :  I  will  bring  those  that  saw 
me  in  Staffordshire,  and  spoke  with  me  all 
August. 

X.  C.  /.    'Have  you  any  more  to  ask  him  ? 

Whitebread.    No. 

Sen.  Baldwin.  Swear  Mr.  William  Bedlow. 
And  he  was  sworn. 

Ireland.  He  does  say,  That  be  was  familiar 
with  me,  and  several  other  persons  here ;  and 
therefore,  I  desire  he  may  specify  the  place,  and 
the  company. 

William  Bedlow.  I  do  not  say,  there  was  a 
familiarity ;  for  I  was  a  stranger  to  that  part  of 
the  society. 

X.  C.  J.  You  must  take  him  right,  Mr.  Ire* 
land ;  he  hath  not  said,  that  he  was  of  your  fa- 
miliar acquaintance. 

Bedlow.    I  have  seen  you  often,  sir. 

Ireland.    Where  ? 

Bedlow.    At  Monsieur  le  Faire's. 

Ireland.     W  here  was  that  ? 

Bedlow.    At  Somerset-house. 

Ireland.  Was  there  any  one  present  besides  ? 

Bedlow.  Yes,  several  other  priests  and  Je- 
suits of  Somerset- house. 

Ireland,    Name  one. 

Bedlow.    Siguior  Perrare. 

Ireland.  You  say,  you  saw  me  and  Perrare 
together  at  Somerset-house,  I  suppose,  if  siguior 
Perrare  may  be  brought  hither 

Bedlow.  My  lord,  Perrare  is  a  priest  in  or- 
ders ;  and  without  doubt  is  in  this  business. 

X.  C.  J.  If  he  did  see  you,  he  must  see  yon 
in  such  company  as  you  keep,  they  were  priests 
and  Jesuits,  and  of  your  own  religion  ;  and  we 
know  very  well  what  answers  we  are  like  to  be 
put  off  with  by  men  of  your  own  persuasion  at 
this  time  of  day. 

Ireland.  My  lord,  if  no  body's  oath  can  be 
taken  that  is  of  another  persuasion  than  the 
church  of  England,  it  is  hard. 

X.  C.  J.  Pray  mind  you  do  not  object  inge- 
nuously :  for  you  say,  This  witness  swears  he 
saw  me  in  such  company,  why  does  he  not  pro* 
duce  them  to  testify  it  ?  Why  ?  he  does  not 
come  prepared  to  produce  them ;  if  he  should, 
we  know  well  how  you  ore  concerned  one  for 
another  at  this  time ;  and  we  can  hardly  expect 
they  should  make  true  answers.  But  notwith- 
p  standing,  if  you  will  produce  this  Father  Per- 
rare, (he  cannot  be  sworn  because  it  is  against 
the  law,  but}  his  testimony  shall  be  heard,  and 
let  it  go  as  rar  as  it  can. 

Bellow.  If  your  lordship  pleases,  my  lord,  I 
would  convince  him  that  he  does  know  me. 
Have  you  not  been,  sir,  atSomemt*bo,ose  r 


«3\    STATE  TRIALS,  SO  Chaelm  U.  1678 — «irf  Gtove,  Jbr  Higk  Tnxtxm.    [114 


Irekad,    Yes,  I  tmve. 

BaUow*  Do  you  know  le  Faire  and  Perrare? 

htkasL  Yea,  but  I  uever  sair  you  in  their 
jcoapaay  in  Somerset-house  in  my  life,  above 
once  or  twice. 

Bediow.    Yea,  you  have  twice  at  le  Faire's. 

L.  C.  J.  Where  is  that  le  Faire?  You  would 
do  well  to  produce  him  ? 

Bedlow^  My  lord,  he  is  gone  away,  and  is 
eee  against  whom  the  king's  proclamation  is  out. 

-L-  C.  J.  You  keep  such  company  as  run 
away,  and  then  you  require  biui  to  produce 
them,  whom  the  king's  proclamation  cannot 
bring,  in. 

Ireland*     I  keep  none  but  honest  company. 

Bedlam.  If  your  lord»bip  pleases,  I  have  one 
thing  more  that  is  very  material  to  speak ;  at 
the  same  time  that  there  was  a  discourse  about 
these  three  gentlemen's  being  to  destroy  the 
king  at  Newmarket,  at  the  same  time  there  was 
a  dsscourse  of  a  design  to  kill  several  noble  per- 
sous,  and  the  particular  parts  assigned  to  every 
one.  Knight  was  to  kill  the  earl  of  Shaftsbury, 
f*ritehard  the  duke  of  Buckingham,  Oneile  the 
earl  of  Ossory,  Obrian  the  duke  of  Ormond. 

L.  C.  J.  Well,  will  you  have  any  more  of 
tins? 

Mr.  Finch,  Yon  say,  you  saw  Mr.  Ireland 
say  mass,  where  did  you  see  him  ? 

Bedlow.  Not  Mr.  Ireland,  but  Mr.  Fenwick, 
I  bare  seen-  him  say  mass,  and  at  Wild- ho  use. 

Oales.  My  lord,  I  did  omit  a  consult  wherein 
there  was  a  design  laid  of  taking  away  the  duke 
of  Ormond's  life,'  and  of  a  rebellion  that  was  to 
be  raised  in  Ireland.  My  lord,  in  the  month  of 
January  last,  there  came  letters  from  archbi- 
shop Talbot  to  London,  which  letters  were  pe- 
rused, by  Fenwick,  and  Ireland,  and  White- 
bread,  and  when  they  were  perused,  they  were 
sent  and*  communicated  to  the  Fathers  at  St. 
Outers.  The  contents  of  those  letters  were  tlias, 
That  the  Catholics  bad  a  fair  prospect  of  effect- 
ing their  designs  in  the  kingdom  of  Ireland. 
And  this  letter  was  inclosed  in  a  letter  signed 
by  Whitebread,  Ireland,  Fenwick,  and  others, 
1  same  no  man's  name  that  is  not  here. 

X.  C.  J-     You  saw  the  letter  ? 

Oales.  Yes,  I  did  see  it,  and  read  it,  wherein 
they  did  gfve  thanks*  utito  God,  that  he  was 
pleased  to  prosper  their  designs  so  fairly  in  Ire- 
land ;  and  withal  they  did  say,  that  they  would 
not  leave  a  stone  unturned  to  foot  out  that  abo- 
miaable  heresy  out  of  that  kingdom.  Now  what 
that  abominable  heresy  was,  I  have  nothing  hut 
a  conjecture. 

L  C.  J.  We  all  know  what  tbat  is  well 
enough,  there  needs  no  proof  of  that. 

Gates.  In  the  month  of1  August,  Fenwick,  a 
little  before  he  went  to  St.  Outers,  on  the  21st 
er*  August,  (as  I  think  it  was)  that  week  that 
Bartholomew- fair  began  on  (as  I  take  it)  he  was 
then  going  to  fetch  home  the  provincial,  and  to 
carr  some  students  with  him,  and  he  went 
totoSt.  Omen  the  Monday  following;  hut  then 
Aeie  was  a  c^nMilt,  and  at  that  consult  Fen- 
,  tick  did  cooaeut  to  the  contrivance  of  the  death 
'  if  the  duke  of  Ormond/  and  for  the  rebellion 

fOL,  VJJ. 


that  was  to  be  raised  Jn  Ireland  after  his  death. 
And  he  did  approve  of  the  four  Jesuits  that 
were  to  kill  my  lord  of  Ormond,  and  did  cod* 
sent  to  send  Foganhy  down  to  the  archbishop 
of  Dublin,  in  case  the  four  good  Fathers  did  not 
hit  the  business.  Mr.  Whitebread,  my  lord, 
did  consent  when  he  came  over,  as  appears  by 
their  entry-books.  For  there  come  a  letter  from, 
him  dated  as  from  St.  Omers,  but  I  concluded 
it  did  not  come  from  thence,  because  it  paid 
but  two-pence. 

Whitebread.  Who  was  it  that  writ  that  letter? 

Oates.  My  lord,  this  letter  was  dated  ay  the 
latter  part  of  August,  and  dated  as  from  St* 
Omers,  but  the  post  mark  upon  it  was  but  two- 
pence, to  be  paid  for  it;  so  that  I  do  conclude 
thence  Mr.  Whitebread  was  then  at  esquire 
Leigh's  house  in  Bat  in  that  letter 

he  did  like  the  proposal  that  was  made  about 
killing  the  duka  of  Ormond  in  that  consult.,  ami 
the  letter  was  signed  with  bis  own  hand. 

L.  C.  J.    I  would  gladly  see  that  letter. 

Oates.    If  1  could  see  it,  I  could  know  it.    ' 

X.  C.  J.    You  hare  not  that  fetter  ? 

Oates.  No,  but  they  kept  a  book  wherein 
they  registered  all  their  resolutions,  and  there  it 
was  entered. 

L.  C.  J.  You  upon  your  oath  say,  That  be 
as  superior  of  them  did  keep  a  book,  wherein 
they  registered  all  their  consults? 

Oates.    Yes,  my  lord. 

L.  C.  J.  You  would  do  well  to  shew  .us  your 
book,  Mr.  Whitebread. 

Whitebread.     We  never  kept  any. 

Oates.  The  consult  did ;  for  though  the  su- 
perior have  an  absolute  power  over  the  subject, 
yet  they  never  do  any  thing  of  consequence 
without  the  consult.  And  this  book  was  kept 
by  the  superior,  and  never  opened  but  at  the 
consul t,  and  therein  all  the  passages  were  regis- 
tered. 

L.  C.  J.  Produce  your  book,  and  we  shall 
see  whether  you  cannot  catch  Mr.  Oates  in 
something  or  other. 

Bedlow.  My  lord,  that  book  I  have  seen; 
and  therein  all  their  consults  are  registered. 

L.  C.  J.     Was  their  books  kept  by  them? 

Bedlow.  Yes,  my  lord,  all  the  consults  did 
keep  books,  and  Mr.  Langhorn  was  the  person 
that  registered  all  into  one. 

L.  C.  J.  If  a'  hundred  witnesses  swear  it, 
they  will  deny  it.  Well,  will  yon  have  any  more? 

Mr.  S.  Baldwyn.  My  lord,  we  will  now  call 
Mr.  James  Bedlow,  this  gentleman's  brother,  to 
shew  you,  that  these  *ort  of  pewons  did.  resort 
to  him  frequently. 

L.  C.  J.     Are  you  sworn,  sir? 

J.  Bedlow.    Yes,  my  lord,  I  am. 

L.  C.  J.  Then  let  tne  ask-  you  one  short 
question.    Do  yon  knortr  Mr.  Ireland  ? 

J.  Bedlow.  No.  • 

L.  C.  J.  Do  yon  know  Pickering  or  Greyer1 

J.  Bedlow.    I  have  heard  of  them. 

L.  C.  J.  Did  your  brother  know  any  thing 
of  them  ? 

J.  Bedtow*  As  for  the  conspiracy  of  kulinsj 

I 


U&]       1ST  ATE  TRIALS,  30  Charles  II.  1 678— Trio/  qf  Ireland,  Pickering,      [1 10 


the  ting,  I  know  nothing  of  it ;  but  about  bis 
knowledge  of  Priests  and  Jesuits,  and  the  con- 
verse be  bad  beyond  sea,  that  I  can  speak  to. 
And  I  have  very  often  heard  these  men'*  names 
named.  v 

L.  C.  J.  In  what  nature  did  he  talk  of  them? 

J<  Bedlow.  I  know  notlting  of  tbe  Plot,  and 
as  for  any  Design  I  knew  not  what  my  brother 
knew,  but  I  have  heard  him  talk  of  them. 

i.  C.  J.  Htf  w  did  he  talk  of  them  ? 

J.  Bedlow.  tie  mentioned  them  as  hit  ac- 
quaintance, the  Jesuits  there  did  ask  him  ques- 
tions about  them. 

L.  C.  X  And  did  it  appear  to  you  they  were 
of  his  acquaintance? 

J.  Bedlow,  But  I  understood  nothing  of  the 
Plot  or  Design,  by  tbe  oath  I  h«ve  taken. 

L.  C.  J.  But  did  he  Speak  as  if  he  knew  any 
of  them? 

J,  Bedlam,  For  any  certain  knowledge  that 
f&y  brother  had  of  them  I  cannot  speak,  but  I 
have  often  heard  him  talk  of  them  as  people  I 
thought  he  knew. 

Mr.  Finch.  Do  you  know,  that  when  he 
came  over  from  beyond  sea,  that  his  lodging 
was  frequented  by  any,  and  by  whom? 

J.  Bedlow.  Yes;  there  were  many  priests  and' 
Jesuits  came  to  him. 

Mr.  Finch.  Did  your  brother  receive  an/ 
money  from  them  ? 

J.  Bedlow.  Yes,  my  lord,  I  have  fetched 
many  score  of  pounds  for  my  brother  from 
them. 

L.  C.  J.  The  use,  gentlemen,  that  the  king's 
council  make  of  this  evidence,  is  only  to  shew, 
That  his  brother  Mr.  Bedlow  was  conversant 
in  their  affairs,  in  that  he  hath  received  many  a 
score  of  pounds  in  the  managing  of  their  busi- 


Sir  Cr.  Levin*.  Pray,  from  whom  had  your 
brother  that  money  ? 

J.  Bedlow.  I  have  proved  that  from  the 
goldsmiths  themselves  that  paid  it,  before  the 
duke  of  Monmouth,  my  lord  chancellor,  and 
lord  treasurer. 

Mr.  Finch.  Have  you  received  any  consi- 
derable sum  at  a  time? 

J.  Bedlow.  Yes,  I  have. 

Mr.  Finch.  How  much  ? 

J.  Bedlow.  Fifty  or  threescore  pounds  at  a 
time. 

Finch.  Of  whom? 

J.  Bedlow.  Of  Priests  and  Jesuits. 

Finch.  For  whom  ? 

J.  Bedlow.  For  my  brother. 

L.  C.  J.  Will  you  have  any  more  evidence  ? 

Mr.  Serj.  Baldwyn.  Yes,  my  lord,  ihe  next 
evidence  we  produce,  is.  concerning  a  letter ; 
there  was  a  letter  written  by  one  Mr.  Peters, 
that  is  now  a  prisoner,  to  one  Tonstail  a  Jesuit; 
and  this  letter  does  mention,  That  there  was  a 
meeting  appointed  by  order  of  Whitebread  to 
be  at  London. 

L.  C.  J.  What  is  that,  to  them,  and  how 
come  you  by  it  ? 

Serj.  Bafdwun.  Peters  is  now  in  prison  for 
things  of  ibis  mature ;  and  you  have  heard  of 


one  Harcourt,  and  out  of  his  study  this  letter 
was  taken.  *  x 

W.  Bedlow.  My  lord,  may  I  not  have  liberty 
to  withdraw?  My  head  akes  so  extremely,  I 
cannot  endure  it. 

L.  C.  J.  Mr.  'Bedlow,  you  may  sit  down, 
but  we  cannot  part  with  you  yet.  - 

Ireland.  I  desire,  my  lord,  that  his  brother 
may  be  asked,  how  long  lie  had  known  me. 

L.  C.  J.  Cari  you  recollect  by  the  discourses 
you  have  heard,  how  long  he  might  have  known 
Ireland  ?  » 

J.  Bedlow.  No/ my  lord,  it  was  out  of  my 
wav. 

1.  C.  J.  But  did  be  talk  of  Ireland? 

J.  Bedlow.  Yes,  my  lord,  he  did. 

Ireland.  As  being  where,  in  what  place  ? 

J.  Bedlow.  I  cannot  tell. 

Ireland.  He  named  one  place  three  years 
ago,  it  was  at  Paris. 

L.  C.  J.  But  he  does  not  say  that  you  were 
there,  but  that  yon  were  familiarly  talked  of 
there;  so  that  the  meaning  is,  tltey  were  ac- 
quainted with  you :  And  this  is  only  brought  to 
shew,  that  it  is  not  a  new- taken- up  thing  by 
Bedlow,  though  you  seemed  never  to  have 
known  any  such  man  ;  yet  be  swears,  saith  lie, 
I  have  heard  such  persons  talked  of  as  my  bro- 
ther's acquaintance. 

Ireland.  If  his  brother  had  talked  of  me 
three  years  ago,  why  then  he  must  have  know*, 
me  three  years  ago. 

L.  C.  J.  I  will  ask  him  that  question  :  How 
long  is  it  since  you  knew  him? 

W.  Bedlow.  I  have  known  him  bur  since 
August  this  same  last  summer ;  but,  my  lord,  I 
talkt  five,  and  four  years  ago  of  several  English 
Monks  and  Jesuits  that  were  then  at  Rome, 
that  I  never  knew  in  my  life. 

L.  C.  J.  His  answer  then  is  this,  saith  hie 
brother,  I  have  heard  him  talk  of  them  three 
years  ago;  .1  then  asked  Bedlow,  how  long  be 
had  known  them?  saith  he,  I  did  not  know 
them  three  years  ago,  though  I  did  talk  of  theoi 
three  years  ago;  for  we  have  talkt  of  many 
that  we  never  saw  in  our  lives :  So  it  seems  he" 
had  occasion  to  make  use  of  your  names  fre- 
quently, and  join  them  with  those  of  some  lie 
knew  better :    But  he  never  knew  you   'till 
August  last ;  but  he  did  discourse  of  you  three 
years  ago,  as  known  lor  such  sort  of  persons.    _ 

Ireland,  tie  must  hear  somebody  speak  of 
us,  as  being  in  some  place  or  another. 

W.  Bedlow.  I  will  satisfy  you  in  that.  We 
talk  of  some  now  in  England,  that  are  to  be 
sent  a  year  hence. 

L.  C.  J.  If  you  can  produce  but  Harcourl 
and  Le  Faire,  they  will  do  you  great  service 
now. 

W.  Bedlow.  Mv  lord,  as  for  example,  FatUei 
Pritchard  is  confessor  to  such  a  gentlemao  ii 
England  now  this  year ;  a  year  hence  we  onus 
send  such  a  one  hither,  and  he  must  go  bach 
And  we  may  talk  of  that  person  as  in  Eugland 
two  years  before. 

L.  C.  J.  You  need  not  trouble  yowrselvc 
about  that.    Mr.  Ireland,  you  shall  have  a  fai 


lit]    STATE  TRIALS,  SO  Chaelbs  fl.  1678.— and  Grow,  for  High  Treason.     [1 1$ 


trial,  tat  yoa  will  not  have  conning  or  art 
eaeagh  to  deceive  the  jury,  nor  will  Mr.  White- 
bread  bave  learning  enough  to  baffle  the  court. 

TUn  Mr.  W.  Bedlow  and  his  Brother  withdrew. 

Serj.  BalHwtfn.  My  lord,  Tlie  next  evidence 
that  we  shall  give,  as  I  said,  is  a  letter  from  one 
Peters  to  one  Tonstall,  and  this  we  will  bring 
tome  to  Mr.  Whitebread.  for  it  is  an  invita- 
tion to  he  at  the  consult  held -at  London  the 
24th  of  April ;  and  it  was  written  about  that 
very  time,  to  wit,  the  3d  of  April.  It  was 
written  from  London,  and  it  mentions,  tint 
Mr.  Whitebread  did  fix  the  meeting  at  that 
time.  We  will  tell  you  how  we  came  by  the 
letter.  Mr.  Ilarcoort,  who  is  one  of  the  prin- 
cipal-persons here,  and  at  whose  house  was 
the  meeting  you  heard  of,  he  himself  is  fled 
away,  when  they  came*  to  look  after  him  upon 
the  discovery  that  was  made :  And  Mr.  Brad- 
ley, who  was  the  messenger  to  sejie  upon  him, 
did  according  to  direction  search  his  study,  and 
did  there  find  this  letter,  winch  we  conceive, 
my  lord,  to  be  very  good  evidence ;  this  Har- 
coart  being  a  party,  and  one  at  whose  house 
toe  /ast  meeting  was,  and  others  was.  We  do 
cosceife  a  letter  from  one  of  that  party,  beiir- 
iag  date  about  the  same  time,  concerning  Mr. 
Wbitebread's  Summons,  who  was  master  of  I  ho 
Company,  is  very  good  evidence  against  them. 
L.C.J.  If  you  had  found  it  ia  Mr.  White-* 
bread's  custody,  you  say  something. 

Just.  Bertie.  My  brother  puts  it  so :  We 
find  a  letter  directed  to  Mr.  Whitebrcnd,  let 
the  matter  of  it  be  what  it  will,  it  is  found 
among  Harcourt's  papers. 

Serj.  Baldwin,  No,  my  Lord  ;  we  find  a 
letter  from  one  Mr.  Peters  now  a  prisoner,  di- 
rected to  Mr.  Tonstall  concerning  the  consult 
samsaoned  by  Wuitebread,  and  this  we  find  in 
HaicourVs  possession. 

L.  C.  J.  I  cannot  understand  how  this  may 
afect  Mr.  Whitebread. 

Mr.  Finch.  Pray,  ray  Lord,  if  your  lord- 
ship please,  this  is  the  use  we  make  of  this  let- 
ter; we  do  not  produce  it  as  another  evidence 
of  this  design,  but  to  fortify  that  part  of  the 
evidence  which  hath  already  been  given, 
Thai  there  was  a  consult  summoned  at  that 
one,  and  to  be  held  with  all  the  privacy  that 
could  be,  to  pi  event  discovery.  And  this  is 
the  paper  that  we  find  in  the  custody  of  Har- 
cocrt,  one  of  th  conspirators,  who  is  fled  for  it. 
Lb  C.  X  Look  you,  Mr.  Finch,  if  you  use 
it  not  against  any  particular  person,  but  as  an 
evidence  in  general  that  there .  was  a  plot 
amongst  them,  yon  say  light  enough ;  but  it 
cannot  be  evidence  against  any  one  particular 
person  of  the  prisoners  at  the  bar. 

Mr.  Finch.  My  lord,  it  can  affect  no  par- 
tjcolar  (person,;  but  we  only  use  it  in  the  gene- 
ral, and  we  pray  it  may  be  read. 

L.  C.  J.  Gentlemen  of  the  jury,  before  you 
star  the  letter  ready  I  would  say  this  to  you, 
Let  them  hare  fair  play ;  whatsoever  they 
Bete  onto  others,  we  will  shew  them  justice. 
They  shall  have  as  fair  play  upon  their  trials 


as  any  persons  whatsoever.  The  tiling  that  is 
offered  to  be  given  in  evidence,  is  a  letter  writ- 
ten by  one  Peters  a  prisoner  for  ibis,  plot,  and 
directed  to  one  Tonstall  a  Jesuit,  and  this  is 
found  in  Harcourt's  chamber,  a  priest  that  is 
fled,  and  one  whom  the  king  hath  commanded 
to  render  himself  by  his  proclamation  ;  but  he 
docs  not.  Now  in  that  letter  there  is  a  dis- 
course of  a  design  and  plot  on  foot.  This  caa- 
not  be  evidence  to  charge  any  one  particular 
person  of  these  ;  hut  only  to  satisfy  you  and 
all  the  world,  that  those  letters  and  papers  that 
are  found  amongst  their  own  priests,  do  for- 
tify the  testimony  of  Mr.  Oates,  that  there  is 
a  general  plot :  It  is  not  applied  to  any  parti* 
cular  person. 

Oates.  The  day  before  the  consult  met,  Mn 
Whitebread  did  ask  Mr.  Peters  whether  he  had 
summoned  the  consult  according  to  his  direc- 
tion. Mr.  Peters  told  him,  Yes,  he  had  writ 
into  Warwickshire  and  Worcestershire. 

Whitebread.     When  was  this  ? 

Oates.    The  day  before  the  consult  met. 

Whitebread.  l5id  you  hear  me  ask  Mr. 
Peters  ? 

Octet.  Yes,.  I  did  hear  you,  and  I  did  hear 
him  say  he  had  done' it.  Now,  my  Lore],  this 
letter  that  is  found  in  Harcourt's"  study  shews, 
that  Mr.  Whitebread  had  directed  Mr.  Peters  in 
this  consult.  , 

Serj.  BalHon/n.  Pray  swear  sir  Tho.  Dole- 
man  to  shew  how  he  came  by  it.  Which  was 
done. 

Serj.  Baldpyn.  Sir  Thomas  Dolcman,  what 
do  you  know  of  this  letter  ? 

Sir  Tho.  Dolcman.  This  letter  in  my  hand 
was  taken  amongst  Harcourt's  papeis,  in  a 
great  hag  of  paper  ;  and  searching  them  I  did 
find  this  letter  amongst  the  rest. 

Then  the  letter  was  shewn  to  Mr.  Oates. 

L.  C.  J.    Is  that  Mr.  Peter's  hand? 

Oat  a.    Ye%  my  lord,  it  is. 

L.  C.  J,    Were  you  acquainted  with  his  hand? 

Oates.  Yes,  my  Lord,  I  have  often  read  \/L 
in  letters. 

L.C.J.    Do  you  know  Tonstall  ? 

Oates.    My  Lord,  I  do  not  know  him  by 
that  name ;  If  I  did  see  him,  perhaps  1  might 
I  know  men  better  by  their  faces. 

Sir  Cr.  Levins.    Pray  read  it. 

CL  of  tht  Cr.    This  is  dated  February  33, 
1677.  And  superscribed  thus,  (u  These  jortys 
honoured  friend  Mr.  William  Tonstall  at  Bur- 
ion.")  v     „ 
*'  Honoured  dear  Sir, 

'  I  have  but  time  to  convey  these  following 
*  particulars  to  you.  First,  I  am  to  give  you 
1  notice,  that  it  hath  seemed  fitting  to  our 
'  Matter  Consult,  Prov.  &c.  to  fix  the  21st  day 
'  of  April  next  Stylo  veteri,  for  the  meetiug  at 
1  London  of  our  congregation,  on  which  day  all 
1  those  that  have  a  suffrage  are  to  be  present 
'  there,  that  they  may  be  ready  to  give  a  begin- 
'  ning  to  the  same  on-  the  24th,  which  is  ibe 
.'  ne^t  after  St.  GeorgeVday.  You  are  warned 
'  to  have  jus  tvffragii,  and  therefore  if  your 
1  occasions  should  not  permit  youto.be  pre* 


119]      STATE  TRIALS,  SO  Chabum  II.  l67*.—7Ht/  of  Ireland,  Jfefartg,       [tSQ 


*  sent,  you  are  to  signify  as  much,  to  the  end 

*  others  in  their   ranks  be  ordered  to  supply 

*  your  absence :  Every  one  is  minded  also,  not 

*  to  hasten  to  London  long  before  the  time  ap- 

*  pointed,  nor  to  appear  much  about  the  town 
'  until  the  meeting  be  over,  lest  occasion  should 
4  be  given    to   suspect    the  design.    Finally, 

*  secrecy,  as  to  the  time  and  place,  is  much  re- 

*  commended  to  all  those  that  receive  summons, 

*  as  it* will  appear  of  its  own  nature  necessary/ 

X.  C.  J.    So  it  was  very  necessary,  indeed. 
CL  qfCr.    There  is  more  of  it  my  Lord. 

'  Tertiopro  domino  tolono  disco 

*  Benrfact.  Prov.  Lunieruit. 

*  I  am  straitened  for  time,  that  I  can  only 

'assure  you,  I  shall   be  much  glad  of  obliging 

*  you  any  ways,  Sir,  your  servant 

Edward  Petrb, 

u  Pray  my  service  where  due,  &c." 

X.  C.  J.  You  know  nothing  of  this  letter, 
Mr.  Whitebread  ? 

Whitebreud.    No,  my  Lord,  nothing  at  all. 

X.  C.  J.    Nor  you,  Mr.  Ireland  ? 

Ireland.    It  is  none  of  my  letter,  my  Lord. 

X.  C.  J.     Did  you  never  hear  of  it  before  I 

Ireland.    Not  that  I  know  of  in  particular. 

X.  C.  J,  Well,  have  you  done  with  the 
evidence  for  the  king  ? 

Serj.  Baldwyn.  Pray,  sir  Thorn  as  Doleman, 
•viH  you  tell  my  Lord,  did  Mr.  Gates  give  in 
this  testimony  of  the  consult,  to  be  the  24th  of 
April,  before  this  letter  was  found  t 

Sir  J!  Doleman.  Mr.  Oates  gave  in  his  in- 
formation about  this  matter; '  to  the  king  and 
toonnci!,  four  or  five  days  before  we  found  this 
letter. 

Serj.  Jialdwyn.  You  were  speaking  of  the 
teals  that  were  made  use  of  to  sign  com- 
missions, have  you  them  in  the  Court  ? 

Oates.  Yes,  my  lord,  they  are  in  the  Court, 
end  they  were  taken  out  of  the  Provincial's 
chamber. 

Whitebread.  I  confess  they  had  the  seals  out 
of  my  chamber  ;  but  the  taking  .of  them  was 
tnore  than  they  had  power  to  do. 

Then  the  Seals  were  shewn  to  the  Court  and 

the  Jury. 

Mr.  Finch.  It  bath  been  told  you  already, 
gentlemen,  what  use  these  seals  were  put  unto ; 
to  seal  commissions  to  raise  an  army.  And 
ire  have  now  done  with  our  evidence  for  the 
)ting(  until  we  hear  what  the  prisoners  say. 

X.  C.  J.  Before  you  come  to  make  your  de- 
fence, I  will  do  that  which  I  think  iii  justice 
and  honesty,  and  according  to  the  duty  of  my 
place  and  ray  oath,  I  ought  to  do  ;  that  is,  to 
•ay  something  to  the  jury,  before  the  prisoners 
make  their  own  defence.  Here  are  five  that 
stand  indicted  of  hi^h-treason  :  I  must  tell  you 
this,  That  as  to  three  of  them,  that  i«  to  say. 
Ireland  Pickering  and  Gi  ve,  b»th  Mr.  Oates 
ami  Mr.  Bedlow  have  sworn  the  thing  flat 
ppOn  them:  Mr.  Oates  hi*  testimony  is  full 
•gainst  ihetn  aU ;  bat  Mr.  Bedlow  does  only 


agree  with  him  to  charge  three,  and  that  4 n  this 
particular :  saith  he,  I  was  present  at  Har- 
court's  chamber  when  Ireland  was  there,  and 
Pickering  and  Grove,  where  they  discoursed  of 
their  defeat  about  their  design  against  the  king 
at  Windsor ;  and  there  they  came  to  a  new/ 
agreement,  to  do  it  at  New-Market.  So  that 
here  is  now,  as  the  king's  counsel  did  open  it 
to  you  at  the  first,  as  there  ought  to  be,  two 
witnesses  ;  so  here  are  two,  which  though  they 
speak  as  to  a  different  circumstance  of  time, 
)et  they  prove  one  treasonable  fact  at  several 
times:  tor  if  killing -the  king  be  the  fact  in 
question,  and  one  proves  they  would  do  it  by 
ooe  thing,  and  another  by  another ;  and  one 
in  one  place,  and  another  in  another ;  yet  these 
are  two  witnesses  to  prove  one  fact,  that  is,  the 
substance,  which  is,  the  killing  of  the  king. 
So  that  there  are  two  witnesses  against  them 
three,  expressly  proving  a  confederacy  to  kill 
the  king :  for  Ireland's  being  by,  and  con- 
senting, was  the  same  thing,  and  as  mucb, 
as  if  he  had  been  to  do  it  with  Grove 
and  Pickering;  for  there  are  no  accessaries 
iu  treason.  I  do  acknowledge,  that  Mr. 
Oates  hath  given  a  very  full  and  ample 
testimony,  accompanied  with  all  the  cir 
enmstances  of  time  and  place,  against  tfaesn 
all,  that  may  go  far  to  weigh  with  you,  all 
things  considered,  to  believe  there  is  a  Plot ; 
yet  I  do  not  think  that  they  have  proved  it 
ugainst  Whitebread  and  Fen  wick  by  two  wit- 
nesses :  so  that  though  the  testimony  be  so  full, 
as  to  satisfy  a  private  conscience,  yet  we  must 
go  according  to  law  too.  It  will  be  conve- 
nient, from  what  is  already  proved,  to  have 
them  stay  until  more*  proof  may  come  in  :  it  is 
a  great  evidence  that  is  against  them  ;  but  it 
not  being  sufficient  in  point  of  law,  we  dis- 
charge vou  of  them  ;  it  is  not  a  legal  proof  to 
convict  them  by,  whatsoever  it  may  be  to  sa- 
tisfy your  consciences.  Therefore  remove  Mr, 
Fen  wick  and  Mr.  Whitebread  from  the  bar, 
and  let  the  other  three  say  what  they  will  for 
themselves.* 

L.  C.  Baron.  (William  Montague,  esq.) 
(speaking  to'  the  gaoler,)  you  must  understan  . 
they  are  no  way  acquitted  ;  the  evidence  is  so 
full  against  them  by  Mr.  OateVs  testimony,  that 
there  is  no  reason  to  acquit  them.  It  is  as  flat, 
as  by  one  witness  can  be ;  and  the  king  hath 
sent  forth  a  proclamation  for  further  discovery; 
before  the  time  therein  prefixed  be  out,  no- 
quest  ion  there  will  come  in  more  evidence  r 
therefore  keep  them  as  strict  as  you  can. 

Then  Whitebread  and  Fen  wick  were  taken 
back  to  the  gaol  by  the  keeper. 

L.  C.  J.  Now,  gentlemen,  yon  shall  have 
liberty  to  make  your  full  defence. 

Ireland.  First,  I  shall  endeavour  to  prore 
there  are  not  two  witnesses  against  me: -for 
that  which  he  says,  of  mv  being  at  Harcourt'a 
chanher  in  August,  is  false  ;  for  I  will  prove 

*  See  the  account  of  their  Trials,  June  18t 
1619,  infra,  ipd  the  Note  thereto* 


mi    STATE  TRIALS,  30  Charlk*  II.  1678 — mi  Grope,  far  High  Treason.     [132 


1  was  all  August  long  out  of  town,  for  I  was 
then  m  Staffordshire. 

X.  C.  J.  Call  your  witnesses. 

Ireland,  ir there  be  any  of  them  bere. 

X.  C.  J.  Whoever  comet  to  give  evidence 
for  you,  shall  go  and  come  in  safety  ;  they 
Shall  not  be  trepanned  for  anj  thing  of  that, 
hot  they  shall  be  heard. 

Ireland*  My  lord,  we  are  kept  so  strict, 
that  we  are  not  permitted  to  send  tor  auy  body. 

L.  C.  J.  As  soon  as  your  sister  came  to  me, 
I  ordered  she  should  have  access  to 


you, 


and 


that  yon  should  have  pen,  ink  and  paper,  in 
order  to  your  defence  ;  therefore  call  those 
witnesses  yon  have,  to  prove  what  you  say. 

Ireland.  I  can  only  say  this,  That  last  An* 
gnat  apon  the  3rd  day  I  went  down  to  Staf- 
ssrdehire  with  my  lord  Aston,  and  his  lady, 
aad  his  son,  and  sir  John  Southcot  and  his 
lady,  and  all  these  can  testify  that  I  went 
down  with  them.  Here  is  Mr.  John  Aston  in 
town,  j(  he  may  be  found,  who  was  in  my  com- 
pany aU  August  in  Staffordshire. 

Is.  C.  I.  Will  yoo  call  that  gentleman  ? 
Crier,  call  him. 

drier,  Mr.  John  Aston. 

Ireland.  It  is  an  hundred  to  one  if  he  be 
here ;  for  I  hare  not  been  permitted  so  much 
as  to  send  a  scrap  of  paper. 

X.  C.  J.  Your  sister  had  leave  to  go  to 
whom  yoo  thought  fit,  in  your  behalf.  Yoo 
said  yon  would  prove  it.     Why  don't  you  r 

Ireland.  I  do  as  much  as  I  can  do. 

X.  C.  J.  What,  by  saying  so  ? 

Ireland.  Why,  I  do  name  them  that  can 
testify. 

I*.  C.  J.  If  naming  them  should  serve,  yoo 
most  have  a  law  made  on  purpose  for  you. 

Ireland.  Then  there  is  no  help  for  mno- 


To  save   him  that  labour,  the 
sing's  evidence  will  prove,  that  he  was  m  town 
at  chat  time. 
Serj.  Baldwin.  Swear  Sarah  Paine.    Which 


j.  Baldmyn.  My  lord,  this  person  was  Mr. 
Grove's  maid. 

LC.  J.  I  believe  you  know  your  maid,  Mr. 
Grove,  don't  you  i  Look  apon  ber,  she  was 
your  servant. 

Grave.  Yes,  my  lord,  she  was  so,  she  is  not 
so  now. 

L.  C.  J.  Do  you  know  Mr.  Ireland  ? 

Sarah  Paine.  Yes,  my  lord. 

L.  £.  J.  Do  you  know  whether  Mr.  Ireland 
was  in  town  in  Aogast  last,  or  no  ? 

&  Paine.  I  saw  him  at  his  own  house  about 
a  week  before  I  went  with  my  lord  Arlington 
to  Windsor. 

X.  C.  I.  When  was  that  ? 

&  Paine.:  That  was  about  a  week  after  the 
king  was  gone  thither. 

X.  C.-J.  Sir  Tho.  Doleman,  what  day  was  it 
the  king  was  gone  thither  ? 

Sir  T.  Doleman.  About  the  fSth  of  August. 

L.  C.  J.  Thirteen  and  seven  is  twenty ; 
then  yoo  swot  to  Windsor  about  tbe  30th,  it 

7 


seems,  and  you  say  that  eight  days  before-yon/ 
saw  Mr.  Ireland  at  his  own  house  ? 

S.  Paine.  Yes,  my  lord,  about  eight  or  nine 
days  before  that,  1  did  see  him  at  the  door  of 
his  own  house,   which  was  a  Scriveners  in . 
Fetter-Lane.      Us   was   going  into  his  own 
lodging. 

X.  C.  J.  How  long  had  yon  known  him  be- 
fore that  time  ? 

S.  Paine,  My  lord,  I  knew  him,  for  became 
often  to  our  house,  when  I  lived  at  Mr.  Grove's ; 
he  was  the  man  that  broke  open  tbe  pacquet 
of  letters  that  my  master  carried  about  after- 
wards, and  he  sealed  all  the  pacquets  that  went 
beyond  tbe  seas.  And  he  opened  them  still t 
when  the  answers  returned  back  again. 

Ireland.  Now  must  all  tbe  people  of  soy 
lodging  come  and  witness  that  I  was  out  of  my 
lodging  all  August. 

X.  C.  J.    Call  them. 

Ireland.    There  is  one  Anne  Ireland. 

X.  C.  J.     Crier,  call  her. 

Crier.   Anne  Ireland  :  Here  she  is. 

It.  C.  J.  Come,  mistress,  what  can  you  say 
concerning  your  brother's  being  out  of  town  in 
August? 

A.  Ireland.  My  lord,  on  Saturday  tbe  3rd  of 
August  he  set  out  to  go  into  Staffordshire. 

X.  C  J.   How  long  did  bo  continue  there  ? 

A.  Ireland.  Till  it  was  a  fortnight  before 
Michaelmas. 

X.  C.  J.  How  can  you  remember  that  it 
was  just  the  3rd  of  August  ? 

A.  Ireland.  1  remember  it  by  a  very  good 
circumstance,  because  on  the  Wednesday  be- 
fore, my  brother  and  my  mother,  and  I,  were 
invited  out  to  dinner;  we  stayed  there  all  night, 
and  alt  Thursday  night,  and  Friday  night  my  * 
brother  came  home,  and  on  Saturday  he  set 
out  far  Staffordshire, . 

h.  C.  J.  Where  was  it,  maid,  that  you  saw 
him  ? 

S.  Paine.  I  saw  him  goiog  in  at  the  door 
of  their  own  house. 

X.  €.  J.    When  was  that? 

S.  Paine.  About  a  week  before  I  went* 
with  my  lord  chamberlain  to  Windsor,  which 
was  a  week  after  the  king  went  thither. 

X.  C.  J.    That  must  be  about  tbe  12th  or-  % 
13th.     Are  you  sure  you  saw  him  ? 
.  S.  Paine.  Yes,  my  lord,  I  am  sure  I  saw  him.. 

X.  C.  J.  Do  you  know  this  maid,  Mr.  Ireland? 

Ireland.     I  do  not  know  her,  my  lord. 

X.  C.  J.  She  knows  you  by  a  very  good 
token. .  You  used  to  break  open  the  letters  at 
her  master's  house,  and  to  seal  them. 

S.  Paine.  He  knows  roe  very  well,  for  I  have 
carried  several  letters  to  htm,  that  came  from 
the  carrier  as  well  as  those  that  came  from  be*, 
yond  sea. 

X.  C.  X  They  will  deny  any  thing  in  the 
world. 

Ireland.  I  profess,  I  do  not  know  her. 
Twenty  people  may  come  to  me,  and  yet  I  not 
knew  tnein ;  and  the  having  been  Mr.  Grove's 
servant,  may  have  brought  me  letters,  and  yet 
I  not  remember  ber.    Out,  my  tofdjwere  is  my. 


133]       STATE  TRIALS,  SO  Charles  II.  167$. —Trial  qf  Ireland,  Pickering,  -    [13* 


mother  Eleanor  Ireland,  that  can  testify  the 
same. 

L.  C.J.    Call  her  then. 

Crier.    Eleanor  Ireland. 

E.  Ireland.    Here. 

L.  C.  J.  Can  you  tell  when  your  son  went 
out  of  town  ? 

E.  Ireland.  He  went  out  of  town  the  3rd 
of  August,  towards  Staffordshire. 

Ireland.  My  lord,  there  is  Mr.  Charles  Gif- 
ford  will  prove  that  I  was  a  week' after  the  be- 
ginning of  September,  and  the  latter  end  of 
August  in  Staffordshire. 

L.  C.  J.  That  will  not  do :  for  she  says 
that  she  saw  you  in  London  about  the  10th  or 
12th  of  August;  and  she  makes  it  out  by  a  cir- 
cumstance, which  is  better  evidence  than  if  she 
had  come  and  sworn  the  precise  day  wherein 
she  saw  him ;  for  I  should  not  have  been  satis- 
fied, unless  she  had  given  me  a  good  account 
why  she  did  kuow  it  to  be  such  a  day.  She 
does  it  by  circumstances,  by  which  we  must 
calculate  that  she  saw  you  about  the  12th  or 
13th  day.  She  went  to1  my  lord  Arlington's 
at  such  a  day,  a  week  after  the  king  went  to 
Windsor,  and  that  was  about  the  13th,  and  she 
saw ,  you  a  week  before  she  went  to  my  lord 
Arlington's,  which  must  be  the  12th  or  13th. 
Yon  say  you  went  out  of  town  the  3rd  of 
August ;  who  can  swear  you  did  not  come 
back  again? 

Ireland.  All  the  house  can  testify  1  did  not 
come  to  my  lodging. 

E.  Ireland.  He  went  out  of  town  the  3rd 
of  August,  and  did  not  return  till  a  fortnight 
before  Michaelmas. 

L.  C.  J.    Did  you  lie  at  his  bouse? 

E.  Ireland.    1  did  then,  my  lord. 

L.C.J.    What,  all  that  while? 

E.  Ireland.    Yes,  my  lord. 

L.  C.  J.  So  did  your  daughter  too,  did  she? 

jE.  Ireland.    Ye*s,'  she  did. 

Ireland.  •  There  are  others  that  did  see  me 
the  latter  end  of  August  in  Staffordshire. 

L.  C.  J.  And  you  would  fain  have  crampt 
him  up,  between  the  20th  and  31st;  and  then, 
it  is  possible,  yon  might  be  in  Staffordshire. 

Ireland.  If  I  might  have  been  permitted  to 
send  in  for  such  .witness  as  I  would  have  had, 
I  conld  have  brought  them. 

Recorder.  Why,  have  you  not  a  note  of 
what  witnesses  you  are  to  call?  Why  don't  you 
call  them  according  to  that  note? 

Ireland.    I  had  that  but  this  morning. 

L.  C.  J.  Why,- did  you  not  send  /or  them 
before,  to  have  them  ready  ? 

Recorder.  It  is  his  sister  that  brings  that 
note  of  the  witnesses  that  he  should  caH,  and 
now  they  are  not  here. 

A.  Ireland.  There  was  one  Engletrap,  and 
one  Harrison,  bad  promised  to  be  here,  that 
went  with  him  into  Staffordshire. 

Oate$.  My  lord,  whenever  we  had  a  mind 
to  come  to  town,  we  commonly  writ  our  letters, 
and  let  them  come  to  town  two  days  after  us. 
So  that  we  might  prove  by  the  writing  of  such 
letters,  if  any  question  did  arise,  that  we  could 


not  be  at  such  a  place  .at  such  a  time.  And 
when  we  pretended  to  go  into  the  country,  we 
have  gone  and  taken  a  chamber  in  the  city,- 
and  have  had  frequent  cabals  at  our  chare  hers 
there.  Mr.  Ireland  writ  a  letter  as  dated  from 
St.  Oniers,  when  I  took  my  leave  of  him  at  his 
own  chamber,  which  was  betwixt  the  l?ilt  and 
24th  in  London.  He  was  there;  and  after- 
wards when  I  went  to  Fenwick's  chamber  lie 
came  thither;  a  fortnight  or  ten  days  at  least,  I 
am  sure  it  was  in  August. 

L.  C.  J.  Here  are  three  witness  upon  oath 
about  this  one  tfring  :  Here  is  Mr.  Bedlow  that 
swears  the  fact,  upon  which  the  question  arises 
to  he  in  August;  that  you  deny,  and  say 
you  were  out  of  town  then .  he  produces  a 
maid  here,  and  she  swears  that  about  that  time 
-which  by  calculation  must  be  about  the  11th  or 
12th,*she  saw  you  going  into  your  own  house. 
And  here  is  a  third  witness,  who  swears  he 
knows  nothing  of  this  matter  of  fact,  but  he 
knows  you  weregn  town  then,  and  that  he  took 
his  leave  of  you  as  going  to  St.  Omers. 

Oates.  Whereas  he  says,  that  the  beginning 
of  September  he  was  in  Staffordshire,  he  was  io 
town  the  1st  of  September,  or  2nd  *  for  then 
I  had  of  him  twenty  shillings. 

Ireland.  This  is  a  most  false  lye  ;  for  I  waa 
then  in  Staffordshire.  And  the  witnesses  con- 
tradict themselves ;  for  the  one  saitb,  he  took 
his  leave  of  me,  as  going  to  St.  Omers  the  12th  ; 
the  other  saith,  it  was  the  latter  end  of  August 
I  was  at  Harcourt's  chamber. 

L.  C.  J.  He  does  not  say  you  went,  but  you 
pretended  to  go. 

A.  Ireland.  Here  is  one'Harrison,  that  was  m 
coachman  that  went  with  them. 

L.  C.  J.  Well,  what  say  you,  friend  ?  'Do  you 
know  Mr.  Ireland  ? 

Harrison.  I  never  saw  the  man  before  that 
time  in  my  life,  but  I  met  with'  him  at  St. 
Albans. 

L.C.J.    When? 

Harrison.  The  5tb  of  August.  There  I  met 
with  him,  and  was  in  a  journey  with  bim  to 
the  16th. 

L.  C.  J.    What  day  of  the  week  was  it  ? 

Harrison.  Of  a  Monday. 

L.  C.  J,  Did  he  come  from  London  on*  that 
day  ? 

Har.  I  cannot  tell  that  But  there  I  met 
him. 

L.  C.  J.    What  time  ? 

Har.  In  the  evening. 

L.  C.J.  Whereabouts  in  St.  Albans? 

Har.  At  the  Bull-inn  where  we  lodged. 

L.  C.  J.  Mr.  Ireland,  you  say  you  went  on 
Saturday  out  of  town,  did  you  stay  at  St.  Albans 
till  Monday? 

Ireland.  No,  I  went  to  Standon  that  day,  and. 
lav  there  on  Saturday  and  Sunday  night ;  on 
Monday  I  went  to  St.  Albans. 

X.  C.  J.  What  from  thence? 

•  This  was  the  perjury  assigned  in  the  first 
count  of  the  indictment  upon  which  Oates  was 
convicted,  May  9th,  168&    See  the  thai  »*/**<*• 


126]     STATE  TRIALS,  SO  Charles  II.  1678.— a*<*  Grove,  for  High  Treason'.     [126 


btUtmi.    Yes  my  lord. 

L.  C.J.  Why  did  you  go  thither?  Was  that 
u  jour  way  ? 

Ireland*  I  went  thither  for  the  company  of 
iff  John  Southcot  and  his  lady. 

JL  C.  J.  How  did  you  kuow  that  they  went 
thither  ? 

Ireland.  I  understood  they  were  to  meet  my 
lord  Aston,  and  lady,  there. 

X.  C.  J.  What,  on  Monday  night  ? 

Ireland.  Yes  my  lord. 
.    Hot.  From  thence  I  went  with  hits  to  Tix- 
weJ,  to  my  -lord  Aston's  house,  there  we  were 
all  with  him. 

JL  C.  J.  Were  yoa  my  lord  Aston's  coach- 
man? 

Har.  No,  my  lord,  I  was  servant  to  sir  John 
Sooibcot. 

X.  C.  /.     How  came  yoa  to  go  with  them  ? 

Har.  Because  my  lord  Aston  is  my  lady 
Sosthcot's  brother. 

X.  C.  J.  How  long  was  you  in  his  company  ? 

Hot.  From  the  5th  of  August  to  the  16ib, 
and  then  I  was  with  him  at  West-Chester. 

Mr.  Just.  Atkins.  You  have  not  vet  talked 
•f  being  at  West- Chester  all  this  while. 
'    Ireland.  My  lord  I  mast  talk  of  my  journey 
bj  degrees. 

L.  C.  /.  Before  you  said  you  were#all  August 
in  Staffordshire ;  come,  you  must  fin'd  out  some 
evasion  for  Chat. 
'Ireland.  In  Staffordshire,  and  thereabouts. 

X.  C.  J.  You  witness,  who  do  you  live  with  ? 

Har.  With  sir  John  Southcot. 

X.  C.  J.  Who  brought  you  hither  ? 

Har.  I  came  only  by  a  messenger  last  night, 

I*  C.  J.  Was  not  sir  John  Southcot  in  that 
journey  himself  ? 

Har.  Yes  my  lord,  be  was. 

X.  C.  J.  Then  you  might  as  well  have  tent 
to  sir  John  Southcot  himself  to  come. 

A.  Ireland.  I  did  it  of  myself;  I  never  did 
such  a  thing  before,  and  did  not  understand 
the  way  of  ic 

Ireland.  It  was  mere  chance  she  did  send 
for  those  she  did. 

I*.  C.  J.  Bat  why  should  *he  not  send  for  sir 
John  himself? 

Ireland.  She  did  not  know  that  sir  John  was 


X,  C.  J.  Yoo  were  not  denied  to  send  for  any 
witnesses,  were  you  ? 

Ireland.  I  was  expressly  denied ;  they  would 
not  let  me  have  one  bit  of  paper. 

X.  C.  J.  Fellow,  what  town  was  that  in 
StaJSbrd&hire  ?  tell  me  quickly. 

Har.  It  was  Tixwell,  by  my  Lord  Aston's ; 
there  we  made  a  stay  for  three  or  four  days, 
then  we  went  to  Nantwich,  4md  so  to  West- 
Chester. 

X.  C.  J.  Were  not  you  at  Wolverhampton 
wkh  him  ? 

Har*  No,  my  Lord,  I  was  not  there,  I  left 
&»  at  West-Chester. 

Ireland.  My  Lord,  I  was  at  Wolverhampton 
**h  Mr.  Charles  Gifford,  and  here  he  is  to  at- 
tetir. 


L.  C.  J.  Well,  Sir,  what  say  you? 

Gijfovd.  My  Lord,  I  saw  him  there, a  day  or 
two  nfter  St.  Bartholomew's  day,  there  he  con- 
tinued till  the  9th  of  September;  the  7th  of 
September  I  saw  him  there,  and  I  cau  bring 
twenty  and  twenty  mpre,  that  saw  him  there. 
Then,  as  be  said,  he  was  to  gd  towards  London, 
I  came  again  thither  on  the  9ih,  and  there  I 
found  him.     And  this  is  all  I  have  to  say. 

Oatet.  My  Lord,  I  do  know  that  day  in 
September  I  speak  of  by  a  particular  circum- 
stance. 

Irttand.  My  Lord,  there  is  one  William 
Bowdrel,  that  will  testify  the  same,  if  I  might 
send  for  him. 

L.  C.  J.  Why  han't  you  him  here. 

Ireland.  She  hath  done  what  she  can  to 
bring  as  many  us  she  could. 

X.  C.  J.  Have  you  any  more  witnesses  to 
call. 

Ireland.  I  cannot  tell  whether  there  be  any 
more  here,  or  no. 

X.  C.  J.  Mr.  Grove,  what  say  you  for  your- 
self? 

Grave.  Mr.  Oates  says  be  lay  at  my  house; 
my  Lord  I  have  not  been  able  to  send  for  any 
witnesses,  and  therefore  I  know  not  whether 
there  be  any  here.  They  could  prove  that  he 
did  not  lie  there.  He  says  he  saw  me  receive 
the  Sacrament  at  Wild- house,  hot  he  never  did; 
and  if  I  had  any  witnesses  here,  I  could  prove  it. 
.  X.  C.  J.  He  tells  it  you  with  such  and  such 
circumstances,  who  lay  there  at  that  time. 

Grove.  He  did  never  lie  there. 

X.  C.  J.  Why,  you  make  as  if  you  never 
knew  Mr.  Oates. 

Grove.  My  Lord,  I  have  seen  him,  but  he 
never  lay  at  my  bouse. 

X.  C.  J.  Mr.  Pickering,  what  say  you  for 
yourself?  You  rely  upon  your  masses.  % 

Pickering.  I  never  saw  Mr.  Oates,  as  I  know 
of,  in  my  lire. 

X.*  C.  J.  What  say  you  to  Bedlow  ?  He  tells 
you  he  was  with  you  in  Harcourt's  chamber  such 
a  day. 

Pickering.  I  will  take  my  oath  I  was  never 
in  Mr.  Bedlow's  company  in  all  my  life. 

L.C.  J.  I  make  no  question  but  you  will ; 
and  have  a  dispensation  for  it  when  you  have 
done.    Well,  have  you  any  witnesses  to  call  ? 

Pickering.  I  have  not  had  time  to  send  for 
any. 

L.  C.  J.  You  might  have  moved  the  court, 
when  you  came  at  first,  and  they  would  have 
given  you  an  order  to  send  for  any. 

Ireland.  Methinks  there  should  be  some 
witnesses  brought  that  know  Mr,  Oates,  to  attest 
his  reputation;  tor  I  am  told,  there  are  those  that 
can  prove  very  ill  things  against  him,  they  say 
he  broke  prison  at  Dover. 

X.  C.  J.  Why  have  you  not  your  witnesses 
here  to  prove  it  ? 

Ireland.  We  could  have  had  them,  if  we  had 
time. 

X.  C.  J.  See  what  you  ask  now ;  you  would 
have  time,  and  the  jury  are  ready  to  go  toge- 
ther about  their  verdict. 


12?]       STATE  TRIALS,  30  Charles  11.  1678.— Trial  qf  Ireland,  Pickering,     [MSj 


Ireland.  Why,  we  desire  but  a  Httie  time  to 
make  out  our  proof,  . 

L.  C.  J.  Only  you  must  tye  up  the  jury,  and 
they  roust  neither  eat  nor  drink  tillMhey  give  in 
a  verdict. 

Ireland.  Then  we  must  confess,  there  is  no 
justice  for  innocence. 

L.  C.  J.  Well,  if  you  have  any  more  to  say, 
say  it. 

Ireland.  My  Lord,  I  have  produced  witnes- 
ses thai  prove  w  hat  I  have  said.  • 

L.  C.  J.  I  will  tell  you  what  you  have  proved, 
"you  have  produced  your  sister  and  your  mother 
and  the  servant  of  Seuthcot ;  they  say  you  went 
out  the  3rd  of  August,  and  he  gives'an  account 
you  came  to  St.  Albans  ou  the  5th,  and  then 
there  is  another  gentleman,  Mr.  GifFord,  who 
says  he  saw  you  at  Wolverhampton  till  about  a 
week  in  September.  Mr  Oates  hath  gainsaid 
him  in  that,  so  you  have  one  witness  against 
.  Mr.  Oates  for  that  circumstance,  It  cannot 
be  true  what  Mr.  Oates  says,  if  you  were  there 
all  that  time,  and  it  cannot  be  true  what  Mr. 
Gifford  says,  if  you  were  in  London  then.  And 
against  your  two  witnesses,  and  the  coachman, 
there  are  three  witnesses,  that  swear  the  con- 
trary, Mr.  Oates,  Mr.  Bedlow,  and  the  maid; 
so  that  rf  she  and  the  .other  two  be  to  be  be- 
lieved, here  are  three  upon  oath  against  your 
three  upon  bare  affirmation. 

Ireland.  I  do  desire  time,  that  we  may  bring 
in  more  witnesses. 

£.  C.  J.  Come,  you  are  better  prepared 
than  you  seem  to  be.  Call  whom  you  have  to 
call.  Can  you  prove  that  against  •  Mr.  Oates 
which  you  speak  of?  If  you  can,  call  your  wit- 
nesses, in  God's  name,  But  only  to  asperse, 
though  it  be  the  way  of  your  church,  it  shall 
not  be  the  way  of  trial  amongst  us.  We  know 
you  can  call  Heretics,  and  ill  names,  fast 
enough. 

Ireland. '  That  Hilsley  that  he  names  can 
prove,  if  he  were  here,  that  Mr.  Oates  was  ail  the 
while  at  St.  Omers. 

L.  C.  J.  •  Will  you  have  any  more  witnesses 
called  ?  If  you  will,  do  it,  and  do  not  let  *us 
spend  the  time  of  the  court  thus. 

Grove.  Here  is  Mrs.  York,  that  it  my  sister, 
will  your  lordship  please  to  ask  her,  whether 
the  saw  that  gentleman  at  my  house  ? 

L.  C.  J.    What  say  you  Mistress  ? 

York.    No,  my  lord,  not  I. 
'    Mr.  Just.  Atk.    Nor  I  neither ;  might  not 
he  be  there  for  all  that  ? 

Oates.  To  satisfy  the  court,  my  lord,  I  was 
in  another  habit,  and  went  by  another  name. 

L.  C.  J.  Look  you,  he  did  as  you  all  do, 
disguise  yourselves. 

Ireland.  Though  we  have  no  more  wit- 
nesses, vet  we  have  witnesses  that  there  are 
more  witnesses. 

L.  C.J*  I  know  what  your  way  of  arguing 
fa;  that  is  very  pretty;  you  have' witnesses 
that  can  prove  you  have  witnesses,  and  those 
witnesses  can  prove  you  have  more  witnesses, 
and  so  in  infinitum.  And  thus  you  argue  in 
every  thing  you  do. 


■ 
s 


Ireland.  We  can  go  no  further  than  we  can 
go,  and  can  give  no  answer  to  what  ire  did  not 
know  would  ho  proved  against  us.  . 

L.  C.  J.    Then  look  you,  gentlemen- 

Ireland.     My  lord,  sir  Denny  Astiburnham      '" 
promised  to  be  here  to  testify  what  be  can  say 
Concerning  Mr.  Oates.  l 

L  C.  J.     Call  him. 

Crier.   6ir  Denny  Ashburnham.  Here 

he  is,  my  lord. 

L.  C.  J.  Sir  Denny,  what  can  you  say 
concerning  Mr.  Oates? 

Sir  D.  Ashburnham.  My  lord,  I  received  a 
letter  this  morning,  which  I  transmitted  to  Mr. 
Attorney,  and  this  letter  was  only  to  send  t<S 
me  a  copy  of  an  indictment  agnuist  Mr.  Oates 
of  perjury  :  I  did  send  it  accordingly  with  my 
letter  to  Mr.  Attorney.  He  bath  seen  the  let- 
ter, and  what  the  town  says  to  me  in  it. 

Att.  Gen.  (Sir  William  Jones.)  I  have 
seen  it,  there  is  nothing  in  it. 

L.  C.  J.  Do  you  know  any  thing  of  yout 
own  knowledge  ? 

Sir  D.  Ashburnham.  I  do  know  Mr.  Oates, 
and  have  known  him  a  great  while ;  I  have 
known  him  from  his  cradle,  and  I  do  know 
that  when  he  was  a  child,  he  was  not  a  per- 
son of  that  credit  that  we  could  depend  upon 
what  he  said. 

L.  C.  J.    What  signifies  that  ? 

Sir  D.  Ashburnham.    Will  you  please  to  hear 
me  out,  my  lord  f*  I  have  been  also  solicited  by 
some  of  the  prisoners  who  sent  to  me,  hoping 
I  could  say  something  that  would  help  tbein  in 
this  matter:  Particularly  last  night  one  Mis- 
tress Ireland,  sister  to  the  prisoner  at  t(*e  bar, 
a  gentlewoman  I  never  saw  before  in  my  life, 
she  came  to  me,  and  was  pressing  me  hard, 
that  I  would  appear  here  voluntarily  to  give 
evidence  for  the  prisoner.     I  told  her,  No,   \ 
ivpuld   not  by   an/  means  in  the  world,  nor 
could  I  say  any  thing,  as  I  thought,  that  would 
advantage  them;  for  I  told  her,  though,  per- 
haps, upon  my  knowledge  of  Mr.  Oates  fa  his 
youth,  had  this  discovery  come  only  upon  Mr. 
Oates's  testimony,  I  might  have  had  some  lit* 
tie  doubt  of  it ;  but  it  was  so  corroborated  witti 
other  circumstances  that  had  convinced  me, 
and  I  would  ,not  speak  any  thing  against  the 
king's  witnesses,  when  I  myself  was  satisfied 
with  the   truth  of  the  thing :  And  I  do  think 
truly   that  nothing  can    be  said  against  Mr. 
Oates  to  take  off  his  credibility;  but  what  I 
transmitted  to  Mr.  Attorney,  I  had  from  the 
town  of  Hastings,  for  which  I  serve. 
L.  C.  L     What  was  hi  ihat  indictment  ? 
Sir  D.  Ashburnham.     It  is  set  forth,  that  lie 
did  swear  the  peace  against  a  man,  and  at  his: 
taking  his  oath  did  say.  that  there  were  some 
witnesses  that  would  evidence  such  a  point  o! 
fact,  which,  when  they  came,  would  not  tes- 
tify so  much,  and  so  was  forsworn. 

L  C.  J.  What  was  done  upon  tltat  indict 
ment  r 

Sir  D.  Ashburnham.  They  did  not  proceei 
upon  it ;  but  here  is  the  letter  and  the  copy  o 
the  indictment. 


t€9]     STATE  TRIALS,  30  Charles  II. 


Mr.  Serjeant  Baldwin.  My  ford,  wt  dcstrtf 
it  any  be  read,  and  Me  what  it  is. 

AH.  Gtn.  It  is  only  a  certificate,  pray  let 
k  be  rend. 

JL  C  J.      I  do  not  think  it  authentic  evi- 


Alt%  Gen.  But  if  I  consent  to  it,  it  may 
be  nod. 

L.  C.  J.  If  you  will  read  it  for  the  prison- 
ers you  may,  you  shall  uot  read  it  against  them. 
If  there  be  any  strain,  it  shall  be  in  favour  of 
the  prisoners,  end  not  against  tbem. 

Alt.  Gem.  It  is  nothing  against  the  prison- 
ers, nor  lor  tbem ;  but  hot? ever,  if  your  lord- 
ship be  not  satisfied  it  should  be  read,  let  it 


L.  C.  J.  Truly,  I  do  not  think  it  is  sufficient 
evidence,  or  fit  to  be  read. 

A.  Ireland.  I  went  to  another,  col.  Shakesby, 
who  was  sick,  and  could  not  coirie,  but  could 
bare  attested  much  as  to  this. 

L.  C.  J.     Have  yon  any  more  witnesses  ? 

IreUmd.  I  have  none,  nor  I  bare  not  time 
tabling  them  in. 

L.  C.  J.  If  yon  have  none,  what  time  could 
bare  brought  tbem  in  ?  But  you  have  called  a 
gentleman  that  does  come  in,  and  truly  be  hath 
doae  you  very  great  service ;  you  would  have 
bad  bim  testified  against  Mr.  Oates;  be  saith 
be  hath  kaowo  him  ever  since  be  was  a  child, 
and  that  then  lie  had  not  so  much  credit  as 
now  be  bath  :  And  had  it  been  upon  his  single 
testimony  that  the  discovery  of  the  plot  had 
depended,  he  should  have  doubted  of  it ;  bat 
Mr.  Oates1*  evidence,  with  the  testimony  of 
the  tact  itself,  and  all  the  concurring  evidences 
whicb.be  produces  to  back  bis  testimony, 
hath  convinced  him  that  he  is  true  in  his  nar- 


Sir  D.  Atkburnkam.  Your  lordship  is  right  in 
what  I  have  spoken. 

L.  C.  J.  Have  you  any  snore  witnesses,  or 
any  thing  more  to  say  for  yourselves? 

iriand.  If  I  may  produce  op  my  own  be- 
half pledges  of  my  own  loyalty,  and  that  of  my 

L.  C.  J.  Produce  whom  you  will, 

btUmd.  Here  is  aiv  sister  and  my  mother 
tan  tell  how  our  relations  were  plundered  for 
sidiag  with  the  king. 

L.  C.  /.  No,  I  will  tell  you  why  it  was;  k 
was  for  being  papists,  and  you  went  to  the  king 
fa  shelter. 

JnaVme*.  I  bad  an  uncle  that  was  killed  m 
feksns/s  service ;  besides,  thePendrels  and  the 
Oiaaidi  that  were  instrumental  for  saving  the 
king,  after  the  fight  at  Worcester,  are  my  near 


L.  C.  J.  Why,  all  those  am  papists. 

Pickering.  My  father,  my  lord,  was  iufied 
in  the  king's  party. 

L.  C.J.  Why  then  do  yon  fall  off  from  your 
father's  virtue? 

Pickering.  I  have  not  time  le  produce  wit- 
nesses on  soy  own  behalf. 

Irelnnd.  1 do  define  time  to  bring  mow  wh> 


vou  VII. 


1678 — am}  Grove,  for  High  Treason.    [110 

Grave.  As  I  hare  a  soul  to  save,  I  know 
nothing  of  this  matter  charged  upon  me. 

X.  C.J.  Weil,  have  you  any  thing  more  to 
soy  ? 

Ireland.  No,  My  Lord. 

L.  C.  J.  You  of  the  kii*g's  counsel,  will  you 
sum  up  the  evidence  ? 

Mr.  Serj.  Baldwyn.  No,  my  lord,  we  leave 
it  to  your  Lordship. 

Cl.qfCr.  Crier,  make  proclamation  of  si- 
lence. 

Crier.  O  Yes!  All  manner  of  persons  arc 
commanded  to  keep  silence  upon  pain  of  im- 
prisonment. ' 

Then  the  Lord  Chief  Justice  directed  the  Jury 

thus : 

L.  C.  J.  Gentlemen,  you  of  the  jury  !   As 
to  these  three    persons,    Ireland,    Pickering, 
Grove,  (the  other  two  you  are  discharged  oi) 
one  of  them,  Ireland  it  seems,  is  a  priest.    I 
know  not  whether  Pickering  be  or  no  ;  Grove 
is  none,  but  these  are  the  two  men  tiwa  should 
kill  the  king,  and  Ireland  is  a  conspirator  in 
that  plot.   'They  are  all  indicted  for  conspiring 
the  king's  death,  and  endeavouring  to  subvert 
the  government,  and  destroy  the  Protestant  Re- 
ligion, and  bring  in  popery.    The  maia  of  the 
evidence  hath  gone  upon  that  foul  and  black 
offence,  endeavouring  to   kill  the   king.    The 
utmost  end  was,  without  all  question,  to  bring 
in  Popery,  and  subvert  the  Protestant  religion; 
and  they  thought  this  a  good  means  to  do  it, 
by  killing  the  king.    That  is  the  thing  you  have 
bad  the  greatest  evidence  of.  I  will  sum  up  the 
particulars,  and  leave  tbem  with  yon. --It  is 
sworn  by  Mr.  Oates   expressly,  That  on  the 
34th   of  April  last  there  was  a  consultation 
held  of  priests  and  Jesuits.    They  are  the  men 
fit  only  for  such  a  mischief,  for  I  know  there 
are  abundance  of  honest  gentlemen  of  that  pert 
suasion,  who  could  never  he  drawn  to  do  any 
of  these  things,  unless  they  were  seduced  bar 
their  priests,  that  stick  at  nothing  for  their  own 
end  :  he  swears  expressly,  that  the  consult  was 
began  at  theWhite- Horse  tavern  in  the  Strand, 
that  they  there  agreed  to  murder  die  king ;  that 
Pickering  and  Grove  were  the  men  that  were 
to  doit,  *  bo  went  afterwards  and   subscribed 
this  holy  league  of  theirs,  and  signed  it  every 
one  at  bis  own  lodging,  Whitebread  at  hia,  Ire- 
land at  his,  and  Fenwmk  ot  bis,  two  of  which 
are  out  of  the  case,  but  they  are  repeated  to 
you  only  to  shew  you  the  order  of  the  con- 
spirecy*    That  afterwards  Pickering  and  Grove 
did  agree  to  the -same,  and  they  received  the 
sacrament  upon  it  as  an  oath,  to  make  all  sa- 
cred, and  a  seal,  so  make  all  secret. 

Mr.  fiediow  hath  sworn  as  to  that  particular 
time  of  killing. the  king  by  Pickering  and  Grove 
though  they  were  not  to  give  over  the  design* 
but  there  were  four  that  were '  sent  to  kill  the 
king  at  Windsor.  Mr.  Oates  swears  there  was 
an  attempt  by  Pickering  in  March  last,  hot 
the  mat  of  the  pistol  happening  to  be  loose,  he 
durst  not  proceed,  for  which  he  was  rewarded 
with  penance.    He  swears  there  were  fonr  hired 

K 


tti]       STATE  TRIALS,  30  Cbasles  IL  1 67^— Trial  <tf  Inland,  Pickering,       [1*2 

to  do  it ;  that  fourscore  poinds  was  provided 
forebear  Ht  saw  the  money:  and  swears 
bt  saw  it  delivered  to  the  messenger  to  <;arry  it 
down. 

Ireland.  At  what  time  was-  that  ? 
L.  C.  J.  In   August  there  was  an*  attempt 
first  by  Pickering  and  Grove.    They  then  not 
doing  of  itfour  other  persons  ('Irishmen)  were 
hired  to  do  it,  aod  10,000/.  proffered   to  sir 
George  Waketnan  to  poison  the  king.    Thus 
still  they  %go  on  in  their  attempts,  and,  that 
being  .too  little,  5,000/.  more  was  added.    This 
is  to  shew  you  the  gross  of  the  plot  in  general ; 
and  also  the  particular  transactions  of  these 
two  murderers  Grove  and  Pickering,    with  the 
conspiracy  of  Ireland.     Bedlow  swears  directly 
that  in  August  last,  these  three  and  Harconrt, 
and  Pritchard  and  Le  Faire,  being  all  together 
in  a  room,  did  discourse  of  the  disappointment 
the  four  had  met  with  in  not  kilting  the  king  at 
•Windsor  ;  and  there  the  resolution  was  the  old 
stagers  shoold  go  on  still,  but  they  had  one 
Con  vers  joined  to  them,  and   they  were  to  kill 
the  king  then  at  Newmarket.    He  swears  they 
did  agree  to  do  it ;  that  Ireland  was  at  it ;  and 
that  all  three  did  consent  to  that  resolve.    So 
that  here  are  two  witnesses  that  speak  positively 
with  all  the  circumstances  of  this  attempt,  of 
the  two  to  kill  the  king,  and  the  confederacy  of 
Ireland,  all  along  with  them.    Now,  •  I    must 
tell  you,  there  am  no  accessaries,  but  all  prin- 
cipals, in  Treason.  It  may  seem  hard,  perhaps, 
to  convict  men   upon  the  testimony  of  their 
fellow-offenders,  and  if  it  had  been  possible  to 
bare  brought  other  witnesses,  is> had  been  well: 
bet,  in  things  of  this  nature,  you  cannot  expect 
that  the  witnesses  shoold  be  absolutely  spotless. 
You  must  take  such  evidence  as  the  nature  of 
the  thing  will  afford,  or  you  may  have  the  king 
destroyed,  and  our  religion  too.    For  Jesuits 
ore  too  subtle  to  subject   themselves  to  too 
plain  a  proof,  such  as  they  cannot  evade  by 
equivocation,  or  aflat  denial. 

There  is  also  a  letter  produced,  which,  speak- 
ing of  the  consult  that  was  to  be  the  24th  of 
April,  proves  that  there  was  a  conspiracy 
among  tnem :  And,  although  it  is  not  evidence 
to  convict  any  one  man  of  them,  yet  it  is  evi- 
dence upon  Mr.  Oates's  testimony  to  prove  the 
general  design.  It  is  from  one  Petre  to  one  of 
the  confederates,  and  taken  amongst,Harconrt's 
papers,  after  Mr.  Oates  had  given  in  his  testi- 
mony; and  therein  it  is  mentioned,  That  the 
superior*  hud  take*  care,  that  there  should  be  a 
meeting  the  24th  of  April,  the  day  after  Saint 
Qeorge's  day,  which  is  the  very  time  Oates 
speaks  of;  and  that  they  were  not  to  come  to- 
rn wn  too  soon,  that  the  design  might  not  be 
discovered.  1  would  fain  know  what  the  sig- 
nification of  that  clause  may  be.  And  then  it 
goes  farther,  That  it  was  to  be  kept  secret,  as 
thenatare  of  the  thing  doth  require;  which 
shews  plainly  there  was  such  a  transaction  on 
foot.  But  the  reason  I  urge  it  for  is,  to  shew 
you  that  it  is* concurrent  evidence  with  Mr. 
Oates,  who  had  never  seen  this  paper  till  three 
or  fee*  days  after  tab  Jsrbrmation  wsughreji  in, 


wherein*  he  swears  the  time  when  this  agitation 
was  to  be,  and*  when  they  came  to  look  optfn 
the  paper,  4t  agrees  with  the  time  precisely. 
Now  they  do  not  write  in  this  letter,  that  they 
intend  to  kill  the  king,  but  they  write  to  cau- 
tion them  to  keep  the  design  undiscovered,  and 
by  that  you  may  guess  what  they  mean. 

What  is  said  to  all  this  by  the  prisoners,  bat 
denial  ?  Ireland  cannot  deny  bat  that  he  knew 
Mr.  Oates,  and  had  been  in  his  company  some- 
times; five  times,  by  circumstances,  Mr.  Oates 
bath  proved,  so  that  they  were  acquaintance ; 
and  it  appears  plainly,  there  was  a  familiarity 
between  them.  Ireland  objects,  that  Bedlow 
charges  him  in  August,  when  he  was  out  of 
town  all  that  time,  and  that  therefore  the  tes- 
timony of  one  of  the  witnesses  cannot  be  true. 
And,  to  prove  this,  he  calls  his  mother,  bis 
sister,  and  sir  John  Southern's  man,  and  Mr. 
Gifford.  His  mother  and  sister  say  expressly, 
that  he  went  out  of  town  the  3rd  of  August, 
and  the  servant  says,  that  he  saw  him  at  Saint 
Albans  the  5th  of  August,  and  continued  in  bis 
company  to  the  16th  (so  that  as  to  that,  there 
is  a  testimony  both  against  Mr.  Bedlow  and 
against  Mr.  Oates) ;  and  Gifford  comes  and 
says,  be  saw  him  at  the  latter  end  of  August 
and  beginning  of  September  at  Wolverhamp- 
ton ;  whereas  Mr.  Oates  bath  sworn,  he  saw 
him  the  12th  of  August,  and  the  1st  or  2nd  of 
September,  and  tells  it  by  a  particular  circum- 
stance, wherein,  I  most  tell  you,  it  is  impossi- 
ble that  both  sides  should  be  true.  But  if  it 
should  be  a  mistake  only  in  point  of  time,  it  de- 
stroys not  the  evidence,  unless  you  think  it  ne- 
cessary to  the  substance  of  the  thing.  If  you 
charge  one  in  the  month  of  August  to  hare 
done  such  a  fact,  if  he  deny  that  he  was  in 
that  plnce  at  that  time,  and  proves  it  .by  wit- 
nesses, it  may  go  to  invalidate  the  credibility 
of  a  man's  testimony,  but  it  does  not  invalidate 
the  truth  of  the  thing  itself,  which  may  be  true 
in  substance,  though  the  circumstance  of  time 
differ.  And  the  question  is,  whether  the  thing 
be  true? 

Against  this,  the  counsel  of  the  king  have 
three  that  Swear  it  positively  and  expressly, 
That  Ireland  was  here,  here  is  a  young  maid 
that  knew  him  very  well,  and  was  acquainted 
with  him,  and  with  his  breaking  up  of  letters  ; 
and  she  is  one  that  was  Grove's  servant :  Sbe 
comes  and  tells  you  directly,  That  about  that 
time,  which,  by  computation,  was  about  the 
18th  of  August,  she  saw  him  go  into  bis  own 
house ;  which  cannot  he  true,  if  that  be  true 
which  is  said  on  the  other  side;  and  sbe  doe* 
swear  it  upon  better  circumstances  than- if  she 
had  barely  pitched  Upon  a  day ;  for  she  must 
have  satisfied  me  weU,  for  what  reason  she 
could  remember  the  day  so  positively,  ere  I 
should  have  believed  her :  But  she  does  it,  re- 
membering her  going,  to  my  lord  Arlington's 
service,  which  was  a' week  after  the  king  went 
to  Windsor ;  which  is  sworn  to  be  about  the 
13th  of  August,  and  a  week  before  her  gsfaf 
it  was  that  she  saw  Ireland  at  his  awn  rloot. 
What  aitsr  they  have  of  evading  this,  I  know 


IS]    STATE  TRIAUS,  30  Charts  II.  I67$^w4  Grnx, M  High  Tr***m.    [Itt 


«*;  fer  aathey  4mmm  turned  their  learning  into 
sskiki,  so  the j  have  tbeir  iategritv  loo.    The 
atari;  of  politics  is  their  business  and  art,  which 
they  sake  use  of  opon  all  occasions ;  and  1  6nd 
tfcra  learned  chiefly  in  cunning,  and  very  sub- 
lie  ia  their  evasions.      So  that  too  see,  without 
s/eet. difficult y9  av  man  cannot  have  from  them 
a  plain  answer  to  a   plain  question.    Bat  the 
net  against  them  is  here  expressly  sworn  by 
oio  witnesses  ;    if  you  have  any  reason  to  dis- 
believe them,.  I  most  leave  that  to  you.    Sir 
D.  AshburahaiD,  who  is  produced  to  discredit 
Mr.  Oates,  says,  that  when  be  was  a  child, 
there  wa»  little  or  no  credit  to  be  given  to  him, 
and  it  the  matter  bad  depended  solely  upon  his 
temmooy,  those  irregularities  of  his,  when  a 
soy,  would  have   staggered  his  belief.      But 
when  the  matter  is  so  accompanied  with  so 
aany  other  circumstances,  which  are  material 
ttaiags,  and  cannot  be  evaded  or  denied,  it  is 
simost  impossible  for  any  man,  either  to  make 
such  a  story,  or  not  to  .believe  it  when  it  is  told. 
I  know  not  whether  they  can  frame  such  a 
one;  I  am  sure  never  a  Protestant  ever  did, 
and,  1  believe,  never  would  invent  such  a  one 
to  take  away  their  lives  :  Therefore  it  is  left  to 
yoar  consideration  what   is  sworn :    The  cir- 
cosostances  of  swearing  it  by  two  witnesses,  and 
what  reasons  you  have  to  disbelieve  them. 

It  is  most  plain  the  Plot  is  discovered,  and 
that  by  these  men ;  and  that  it  is  a  Plot,  and  a 
vaJainous  one,  nothing  is  plainer.    No  man  of 
common   understanding,  but  most  see  there 
was  a  conspiracy  to  bring  in  Popery,  and  to 
destroy  the  Protestant  religion ;  and  we  know 
their  doctrines  and  practices  too  well,  to  be- 
lieve they  will  stick  at  any  thing  that  may  ef- 
fect those  ends.    They  most  excuse  me,  if  I  be 
plain  with  them;   I  would  not  asperse  a  pro- 
session  of  men,  as  the  priests  are,  with  burd 
words,  if  they  were  not  very  true,  and  if  at  this 
time  it  were  not  very  necessary.    If  they  had 
not  murdered  kings,  I  would  not  say  they  would 
bare  done  ours.    But  when  it  bath  been  their 
practice  so  to  do ;   when  they  have  debauched 
men's  understandings,  overturned  all  morals, 
and  destroyed  all  divinity,  what  shall  I  say  of 
them  ?    when  their  humility,  is  such,  that  they 
tread  opon  the  necks  of  emperors ;  their  cha- 
nty such,  as  Co  kill  princes;  and  their  vow  of 
poverty  such,  as  to  covet  kingdoms,  what  shall 
I  judge  of  them  ?   when  they  ^ave  licences  to 
be,  and  indulgeacies  for  nushoods ;  nay,  when 
they  can  make  him  a  saint  that  dies  in  one, 
and  then  pray  to  him;   as  the  carpenter  first 
makes  an  image,  and  after  worships  it ;    and 
can  then  think  to  bring  in  that  wooden  religiou 
of  theirs  amongst  us  in  this  nation,  what  shall  I 
rhmk  of  them  ?  what  shall  I  say  to  them  ?  what 
shah*  I  do  with  diem? 

If  there  can  do  a  dispensation  fjpr  the  takiog 
of  any  oath  (and  divers  instances  may  be  given 
of  it,  that  their  church  does  license  them  to  do 
10)  it  is  a  cheat  upon  men's  souls,  it  perverts 
sad  breaks  off  all  conversation  amongst  man- 
kind ;  for  bow  can  we  deal  or  convene  in  the 
world,  when  there  is  no  sin,  hot  can  be  in- 


dulged ;  no  offence  so  big,  but  thef  can  pardon 
it,  and  some  of  the  blackest  be  accounted  me- 
ritorious? what  is  there  left  for  mankind  to 
lean  upon,  if  a  sacrament  will  not  biud  them, 
unless  it  be  to  conceal  their  wickedness  ?  If 
they  shall  take  tests  and  sacraments,  and  aH. 
this  under  colour  of  religion  be  avoided,  and 
signify  nothing,  what  is  become  of  all  con- 
verse f  How  can  we  think  ohligutions  and  pro* 
mises  between  man  and  man  should  hold,  if  a 
coveoant  between  God  and  man  will  not  ? 

We  have  no  such  principles  nor  doctrines  ia 
our  Church,  we  thank  God.  To  use  any  pre- 
varication in  declaring  of  the  truth,  is  abomi- 
nable to  natural  reason,  much  more  to  true  re- 
ligion ;  and  it  is  a  strange  Church  that  will  al- 
low a  man  to  be  a  knave,  hi*  possible  some 
of  that  communion  may  be  saved,  but  they  caa 
never  hope  to  be  to  in  such  a  course  as  this.  I 
know  tbey  will  say,  That  these  are  not  their* 
priuciples,  nor  these  their  practices,  but  they 
preach  otherwise,  they  print  otherwise,  and 
their  councils  do  determine  otherwise. 

Some  hold,  that  the  Pope  in  council  is  infal* 
lible ;  and  ask  any  Popish  Jesuit  of  them  all, 
and  be  will  say  the  Pope  is  infallible  himself, 
in  cefieoVo,  or  he  is  no  right  Jesuit.  And  if  so, 
whatever  they  command  is  to  be  justified  by 
their  authority;  so  that  if  they  give  a  dispensa- 
tion to  kill  a  king,  that  king -as  well  killed.  This 
is  a  religion  that  ouite  unhinges  all  piety,  all 
morality,  and  all  conversation,  and  -to  be  aba* 
minuted  by  all  mankind. 

They  have  some  parts  of  the  foundation,  it  is 
true;  but  they  are  adulterated,  and  mixed  with 
horrid  principles,  and  impious  practices.  They 
eat  their  God,  they  kill  their  king,  and  saint  the 
murderer.  They  indulge  all  sorts  of  sins,  and 
no  human  bonds  can  hold  them. 

They  must  pardon  me  if  I  seem  sharp,  for  a 
Papist  in  England  is  not  to  be  treated  as  a  Pro- 
testant ought  to  be  in  Spain :  And  if  ye  ask  me 
wby  ?  I  will  give  you  this  reason  ;  We  have  no 
such  principles  nor  practices  as  they  bave.  If 
I  were  in  Spain,  I  should  think  myself  a  very  iU 
Christian,  should.  I  offer  to  disturb  the  govern* 
mem  of  the  place  where  I  lived,  that  I  may 
bring  in  my  religion  there.  What  have  I  to  do 
to  undermine  the  tranquillity  and  peace  of  a 
kingdom,  because  all  that  dwell  in  it  are  not  of 
my  particular  persuasion  ? 

They  do  not  do  so  here,  there  is  nothing  caa 
quench  the  thirst  of  a  priest  and  a  Jesuit,  not 
the  blood  of  men,  not  of  any,  if  he  can  but  pro* 
pagate  his  religion,  which  in  truth  is  but  bis  in- 
terest. 

They  hsve  not  the  principles  that  we  have, 
therefore  they  are  not. to  have  that  common 
credence,  which  our  principles  and  practices 
call  for. 

They  are  not  to  wonder,  if  they  keep  no  fekh, 
that  they  have  none  from  others ;  and  let  them 
say  what  they  will,  that  tbey  do  not  own  any 
such  things  as  we  charge  opon  them,  and  are 
like  to  go  bard  with  them ;  for  we  can  shew 
them  out  of  their  own  writings  and  councils, 
that  they  do  justify  the  power  of  the  Pope  in 


MS]       STATE  TRIALS,  50  Ch akles  If.  1 676 — Trial  of  Ireland,  Picketing,       [  IM 


excommuoidating  letup*  in  tfcposimrthem  for 
heresy,  and  absolving  their  subjects  from  their 
allegiance.  And  the  claim  of  authority  both  of 
'  Pope  and  council,  is  the  surest  foundation  they 
build  upon. 

I  have  said  so  much  the  more  in  this  matter, 
because  their  actions  are  so  very  plain  and 
open,  and  yet  so  pernicious;  and  it  is  a  very 
great  providence,  that  we,  and  our  religion,  are 
delivered  from  blood  and  oppression.  I  believe 
our  religion  would  have  stood,  notwithstanding 
their  attempts,  and  I  would  have  them  to  know 
we  are  not  afraid  of  them ;  nay,  I  think  we 
should  have  maintained  it,  by  destroying 
of  them.  We  should  have  been  all  in  blood,  it 
is  true^  but  the  greatest  effusion  would  have 
been  on  their  bide ;  mid  without  it,  how  did 
they  hope  it  should  have  been  done?  There  are 
honest  (gentlemen,  I  believe  hundreds,  of  that 
comm  union,  who  could  uot  be  openly  won  upon 
to  engage  in  such  a  design.  They  will  not  tell 
them  that  the  'king  shall  be  killed ;  but  they 
will. insinuate  unto  them,  that  he  is  but  one 
man,  and  if  be  should  die,  it  were  fit  they  were 
in  readiness  to  promote  the  Catholic  religion ; 
and  when  it  conies  to  that,  they  know  what  to 
do.  When  they  have  got  them  to  give  money 
to  provide  arms,  and  be  in  readiness  on  their 
specious  pretence,  then  the  Jesuits  will  quickly 
find  them  work.  One  blow  shall  put  them  to 
exercise  their  arms;  and- when  they  have  killed 
the  king,  the  Catholic  cause  mast  benniuitained. 
But  they  have  done  themselves  the  mischief, 
and  have  brought .  misery  upon  their  whole 
party,  whom  they  have  ensnared  into  the  de- 
sign, upon  other  pretences  than  what  was  really 
at  the  bottom.  A  Popish  priest  is  a  certain  se- 
ducer, and  nothing  satisfies  him ;  not  the 
blood  of  kings,  if  it  standi  in  the  way  of  his  am- 
v  bition.  And  I  hope  they  have  not  only  unde- 
ceived some  Protestants,  whose  charity  might 
incline  them  to  think  them  not  so  bad  as  they 
are  ;  but  I  believe  obey  have  shaken  their  re- 
ligion in  their  own  party  here,  who  will  be 

,    ashamed  in  time  that  such  actions  should  be 
put  upon  the  score  of  religion. 

I  return  now  to  the  fact,  which  is  proved  by 
two  witnesses,  and  by  the  concurrent  evidence 
of  the  Utter  and  the  maid ;  and  the  matter  is  as 
plain  and  notorious  as  can  be,  That  there  was 
an  intention  of  bringing  in  popery  by  a  crael 
and  bloody  way;  for  I  believe  (hey  could  never 
have  prayed  us  imo  their  religion*  I  leave  it 
therefore  to  you  to  consider,  whether  you  have 
not  as  much  evidence  from  these  two  men,  as 
can  be  expected  in  a  case  of  this  nature;  and 
whether  Mr.  Gates  be  not  ratter  justified  by 
the  testimony  offered  against  him,  than  discre- 
dited. Let  prudence  and  conscience  direct 
your  verdict,  and  you  will  be  too  hard  for  their 
art  and  cunning.     * 

Gentlemen,  If  you  think  yon  shall  be  long, 
we  will  adjouru  the  Court  till  the  afternoon,  and 

>   takeyour  verdict  then. 

Jury.    No,  my  lord,  we  shall  not  be  long. 

# 

Then  an  Officer  was  sworn  to  keep  the  Jury 


safis,  according,  to  law,  and.  they  withdraw  to- 

consider  of  their  Verdict. 

After  a  very  short  recess,  the  jury  returned,, 
and  the  Clerk  of  the  crown  spake  to  them 
thus : 

CL  of  Cr.  Gentlemen,  answer  to  your  names.  ■ 
Sir  William  Roberts. 

Sir  W.  Robert*.  Here.    And  so  of  4 he  rest. 

CL  of  Cr.  Gentlemen,  Are  you  all  agreed  in 
your  verdict  ? 

Omnes.  Yes. 

CI.  of  Cr.  Who  shall  say  for  you  ? 

Omuet.  The  foreman. 

CI.  ofCr.  Set  William  Ireland  to  the  bar- 
William  Ireland,  hold  up  thy  Rand.  Look  upon 
the,  prisoner.  How  say  you,  is  he  Guilty  or* 
the  high- treason  whereof  he  stands  indicted, 
or  Not  Guilty  ? 

Foreman.  Guilty. 

CL  of  Cr.  What  goods  aod  chattels,  lands  er 
tenements  i 

For  em**.  Nooe  to  oar  knowledge. 

CL  of  Cr.  Set  Thomas  Pickering  to  the  bar. 
Tho.  Pickering,  hokl  up  thy  band.  Look  upon 
the  prisoner.  How  say  you,  is  he  Guilty  of  tbe 
same  high-treason,  or  Not  Guilty  ? 

Forema*.  Guilty. 

CL  of  Cr.  What  goods  or  chattels,  leads  or 
tenements  ? 

Foreman.  None  to  our  knowledge. 

CL  of  Cr.  Set  J»»hn  Grove  to  the  bar.  John 
Grove,  hold  up  thy,  hand.  Look  upon  I  ho 
prisoner.  How  say  you,  is  lie  Guilty  of  tbe 
same  high-  treason,  or  Not  Guilty  ? 

Foreman.   Guiity. 

CL  ofCr.  What  goods  er  chattels,  lands  or 
tenements  ? 

Foreman.  None  to  our  knowledge. 

CL  ofCr.  Hearken  to  your  verdict,  as  the 
Court  hath  recorded  it.  You  say  that  William 
Ireland  is  Guilty  of  the  high-treason %  whereof 
he  stands  indicted.  You  say  that  Thomas: 
Pickering  is  Guilty  of  the  same  high-treason. 
You  say  that  John  Grove  is  Guiky  of  the  earns* 
high-treason.  And  lor  them  you  havo  found 
Guilty,  you  say,  That  they,  nor  any  oi  them, 
had  any  goods  or  chattels,  lands  or  tenements, 
at  the  time  of  the  high-treason  committed,  er 
at  any  cime  since,  to  your  knowledge.  And  so 
you  say  ail. 

OjKJMf.  Yes. 

L.  C.  J.  You  have  done,  gentlemen,  liks> 
very  good  subjects,  and  very  good  Christians, 
that  is  to  say,  like  very  good  Protestants  s 
aod  now  much  good  may  their  thirty  thousand 
Mosses  do  them. 

Then  the  Court  adjourned  by  Proclatnatiom 
till  four  in  the  afternoon. 

In  the  afternoon  the  same  day. 

About  five  of  the  clock  Mr.  Recorder  and  a 
sufficient  number  of  the  justices  returned  into 
the  Court,  the  judges  being  departed  home  ? 
and  Proclamation  was  made  for  attendance,  as 
in  the  morning. 

Then  the  Clerk  of  the  Crown  catted  for  the 


1K\    STATE  TRIALS  3d  Cimali*  U.  1 67a.-naed  Qroite*  fim  High  Itooio*.     [!»: 


ptisoaen  convicts*  of  tjis^trsftswa,  eadtsok* 
to  eacb  of  them  thus: 

CltfCr.  Set  Wiltiam  Ireland  to  the  bar. 
WUhaa  Inland,  hold  up  thy  hand.  Thou 
sttsdest  convicted  of  high-treason ;  what  const 
tho*  say  for  thyself,  why  the  Court  should  not 
give  thee  judgment  to  die  according  to  law  ? 

Ireland.  My  lord,.  I  represented  all  along 
foe*  the  beginning,  that  we  had  not  time  co 
call  in  oar  witnesses  to  justify  our  innocence. 

Recorder.  If  you  have  aoy  thing  to  say  in 
stay  of  judgment,  you  have  all  free  liberty  to 
say  it- 

Ireiamd.  We  had  no  time  allowed  us  to 
bring  in  ear  witnesses,  so  that  we  could  have 
■one,  hot  only  those  that  came  in  by  chance ; 
and  those  things  they  have  declared,  though 
tree,  were  m»t4>eheved. 

Recorder.  Thee©  things,  Mr.  Ireland,  yon 
did  not  object  before  the  jury  gave  their  ver- 
dict ;  now  thee  have  given  their  verdict,  and 
freed  yen  Guilty,  if  you  have  any  thing  to 
say  to  the  Court  why  they  should  not  proceed 
to  judgment  according  to  that  verdict,  yoo  may 
speak  it ;  but  fur  these  things  it  is  too  late. 

Ireind.  My  lord,  I  only  have  this  to  say,  I 
desife  mere  tirae  to  be  heard  again,  and  to 
cail  in  my  witnesses. 

Jtaarefcr.    Call    the  Eiecutioner  to  do  his 


brland.  There  are  testimonies,  my  lord, 
that  I  could  produce  of  my  loyalty,  and  my 
wessons  fidelity  to  the  king. 

Recorder.  I  believe,  Mr.  Ireland,  it  will  be 
a  shame  to  ail  your  relations  that  have  been 
loyal  to  the  king,  that  you  should  be  privy  to 
the  sawder  of  that  good  king  whom  your  rela- 
tions so  well  served ;  and  therefore  if  that  be 
all  that  yoa  have  to  say,  it'  will  signify  nothing. 

The  Eiecutioner  not  appearing,  the  sheriff 
of  Middlesex  was  called  to  come  into  Court, 
aad  give  attendance,  upon  pain  of  40/.  Dut  the 
Eseoouoner  coming  in,  was,  with  a  reproof 
from  the  Recorder  for  his  negligence,  cotn- 
assjseed  to  tie  him  up,  which  he  did. 

CI.  efCr.  Set  Thomas  Pickering  to  the  bar. 
Thomas  Pickering,  hold  up  thy  band.  Thou 
art  in  the  sasse  case  with  the  prisoner  last 
before  thee ;  what  canst  thou  say  for  thyself 
why  the  Coon  shoald  not  give  thee  judgment 
to  die  according  to  law  ? 

Recorder.  What  does  he  say  for  himself? 

Opt.  Mieketrdson.  He  has  nothing  to  say. 

JUcerifer.  Then  tie  him  op. 

CL  ef  Cr.  Set  John  Grove  to  the  bar.  John 
Grove,  bold  up  thy  hand.  Thou  art  in  the 
same  esse  with  the  prisoner  last  before  thee, 
what  canst  thou  say  r»r  thyself,  why  the  Court 
shoald  not  give  thee  judgment  to  die  according 
to  law  ? 

Grow.  I  am  as  innocent  as  the  child  un- 
born. 

■CL  afCr*  Tie  him  qp— Which  was  done. 

€7.  ofCr.  Criers  en  both  sides,  make  Pro- 
clamations. 

Criers.  O  yes  !  AH  manner  of  persons  are 
eaamanded  to  koep-suonee  whilst  judgment  is 


giving,'  upon  pain  ef  hnprisoojnent :.  peace 
about  the  Conic 

Recorder.  Where  is  the  keener  t  Shew  am 
the  prisoner*,  William  Ireland,  Thomas  Pick* 
ering,  and  John  Grove. 

Capt.  Rithardw*.  Those  are  the  three. 

Reeorden.  Yoo,  the  prisoners  at  the  bar, 
you  have  been  arraigned  for  a  very  great 
offence,  the  greatest  that  can  he  committed 
against  any  authority  upon  earth,  for  high- 
treasoa  against  your  king,  with  all  the  aggra* 
votions  that  possibly  can  attend  so  great  a 
crime  as  that  is  ;  for  yoa  did  not  only  strike  at 
the  life  of  the  best  of  kings,  hut  you  intended 
the  subversion  of  i  he  best  of  religions.  What- 
ever yoo  may  apprehend,  yet  all  men  that  will 
lay  their  hopes -of  salvation  upon  any  thine  thai 
is  fit  for  a  man  to  lay  his  hopes  upon,  which  is 
upun  the  merits  of  a  crucified  Saviour,  and  not 
upon  your  Masses,  tricks  or  trumperies,  do 
abhor  the  thoughts  of  promoting  their  religion : 
by  massacring  kings,  and  murdering  their  sub- 
jects. And  though  we  whom  you  call  Here- 
tics, abhor  to  own  any  such  religion  ;  yet  we 
are  not  afraid  to  tell  you,  aad  all  others  who 
are  ensnared  into  your  principles,  we  will  main- 
tain the  religion  and  the  government  as  it  is 
established,  with  our  lives  and  fortunes.  And 
it  is  fit  that  it  should  be  known,  that  we  who 
live  under  the  government  of  so  mild  and  pious 
n  prince,  and  in  a  country  where  so  good,  so 
moderate  a  religion  is  established  by  few,  will 
not  be  affrighted  by  all  your  murders,  conspi- 
racies and  designs,  from  declaring,  that  they 
who  dare  kill  kings,  and  massaore  their  sub- 
jects, are  the  highest  violators,  not  only  of  the 
laws  of  the  land,  but  of  that  great  law  which 
all  good  Christians  and  Protestants  think  them* 
selves  obliged  to  pay  great  reverence  and  obe- 
dience to,  I  mean '  the  law  of  God  Almighty 
himself. 

Thus  I  speak  to  you,  gentlemen,  not  vannt- 
ingly,  it  is  against  my  nature  to  insult  upon 
persons  in  your  sad  condition ;  God  forgive  ' 
you  for  what  yon  hare  done,  and  1  do  hear- 
tily beg  it,  though  you  do  not  desire  I  should; 
for,  poor  men,  you  may  believe  that  your  in- 
terest in  the  world  to  ooine  is  secured  to  you 
by  your  Masses,  but  do  not  well  consider  that 
vast  eternity  yoa  must  ere  long  enter  into,  and 
that  great  tribunal  you  must  appear  before, 
where  his  Masses  (speaking  to  Pickering)  will 
not  signify  so  many  groats  to  him,  no  not  one 
farthing.  A-nd  I  must  say  it  for  the  sake  of 
those  silly  people  whom  you  have  imposed 
upon  with  such  fallacies,  that  the  Masses  can 
no  more  save  thee  from  a  future  damnation, 
than  they  do  from  a  present  condemnation. 

I  do  not  speak  this  to  you, as  intending  thereby 
to  inveigh  against  all  persons  that  profess  the 
Romish  religion  ;  for  there  are  many  that  arc 
of  that  persuasion,  that  do  abhor  those  hate 
principles  of  murdering  kings  and  subverting 
governments.  There  are  many  honest  gentle- 
men ia  England,  I  dare  say,  of  that  commu- 
nion, whom  none  of  the  most  impudent  jesoks 
durst  undertake  to   tempt  into  such  designs; 


** 


139]       STATE  TRIALS,  30  Charles  II. 

these  are  only  to  be  imposed  upon  silly  men, 
not  upon  men  of  conscience  and  understanding,  j 
And  I  pray  God,  as  was  said  lately  by  a  learned 
gentleman  whom  we  all  know,  that  all  Protes- 
tants may  be  as  safe  from  the  force  of  your  dag- 
gers, as  they  are  from  tho*e  of  your  argument* ; 
for  I  dare  say,  that  you  could  sooner  murder 
any  man  that  understands  the  Protestant  re- 
ligion, than  to  persuade  him  to  such  villanies. 
And  among  those  many  things  which  prevailed 
with  the  honest  gentlemen  of  the  jury  to  con- 
vict you  of  this  horrid  crime,  they  could  not 
hut  take  uotice,  that  you  (speaking  to  Ireland) 
that  do  pretend  to  learning,  did  send  into  fo- 
reign parts  that  your  fellow  Jesuits  should  take 
care  publicly  to  preach,  That  the  oaths  of  al- 
legiance and  supremacy,  by  which  the  common 
justice  of  jhe  nation  is  preserved,  signified  no- 
thing ;  which  is  a  strong  evidence  of  your  de- 
sign, not  only  to  murder  the  king,  but  subvert 
the  government ;  for  surely  the  most  probable 
way  to  do  that,  is  to  asperse  those  oaths  by 
which  all  protestant  subjects,  those  whom  you 
call  heretics,  lie  under  an  obligation  of  obe- 
dience to  their  prince.  And  I  think  it  not 
unfit  to  tell  you,  that  you  had  a  great  favour 
showed  to  you  to  be  tried  only  for  the  matter* 
contained  in  this  Indictment j  for  you  that  are 
priests  must  know,  that  there  is  a  law  in  the 
land,  that  would  have  hunged  you  for  your  very 
residence  here;  for  if  any  subject  born  in  Eng- 
land shall  take  orders  from  the  see  of  Rome, 
and  afterwards  come  into  England,  and  re- 
main there  40  days,  such,  for  that  offence  alone, 
are  made  traitors  by  act  of  parliament.  But 
you  are  so  far  from  being  under  any  awe  of 
thai  law  or  submission  to  ir,  that  you  dare  not 
only  come  to  live  here  in  despite  thereof,  but 
endf  avour  what  you  can  to  overthrow  both  it, 
and  the  government  itself.  You  dare  conspire 
to  mnrder  the  king ;  nay  not  only  so,  but  you 
dare  make  your  consults  thereof  public.  You 
dare  write  your  names  to  those  consults. 
You  dare  solicit  all  your  party  to  do  the  like, 
and  make  all  the  ties  of  religion  and  conscience 
(.that  to  considering  Christians  are  obligations  to 
piety  and  charity)  as  engagements  either  to 
act  your  villanies,  or  to  conceal  them.  We 
think  no  power  can  dispense  with  us,  whom 

Su  call  heretics,  to  falsify  our  oaths,  much 
a  to  break  our  covenant  with  God  in  the 
Holy  Sacrament  Bot  you,  instead  of  making 
that  a  tie  and  obligation  to  engage  you  to  the 
remembrance  of  our  Saviour,  make  it  a  snare 
and  a  gin  to  oblige  your  proselytes  to  the  as- 
sassinating kings,  and  murdering  their  subjects. 
I  am  sorry  with  all  my  soul,  that  men  who 
have  had  their  education  here,  and  the  benefit 
of  the  good  examples  of  others;  should  not 
only  be  led  into  such  mischievous  principles 
themselves,  but  to  be  of  that  confidence  in  their 
persuasion,  as  to  dare  to  debauch  others  also. 
I  am  sorry  also  to  bear  a  layman  should  with 
so  much  malice  declare,  That  a  ballet,  if  round 
nod  smooth,  was  not  safe  enough  for  him  to 
execute  bis  villanies  by ;  but  he  must  be  sure, 
sot  onlj  to  set  bis  poisonous  invention  on  work 


U>U.— Trial  <tf  Ireland,  Pickering,     [Uo      ; 

about  it,  but  ha  must  add  thereto  his  poisonous       , 
teeth ;  for  fear  if  the    bullet  was  smooth,  it       , 
might  light  in  some  part  where  the  wound  might 
be  cured.     But  such  is  the   lieigbt  of  some'      ! 
mens  malice,  that  they  will  put  all  the  venom       ' 
and  malice  they  can  into  their  actions.    1  ant 
sure  this  was  so  horrid  a  design,  that  nothing 
but  a  conclave  of  devils  in  hell,  or  a  college  of      ! 
such  Jesuits  as  yours  on   earth,  could  have       ' 
thought  opon. 

This  1  remember  to  you-for  the  sake  of  tbem       ' 
that  are  to  live,  and  tor  the  charity  I  have  for       ' 
you  who  are  to  die :  For  the  sake  of  them  that      ' 
are  to  live ;  for  I  hope  when  they  hear,  that 
men  of  your  persuasion  dare  commit  those      ' 
outrageous  crimes,  and  justify  them  by  a  prut-  '    ' 
ciple  of  religion,  they  will  not  easily  be  seduced      ' 
into  your  opinion :  And  out  of  charity  to  you 
that  are  to  die,  to  persuade  you  to  hearty  re- 
pentance ;  for  otherwise,  I  must  tell  you,  thy 
1,600/.  (speaking  to  Grove)  i»»r  thy  30,000 
Masses  (speaking  to  Pickering)  will  avail  but 
little.    And  I  thought  fit  to  say  this  also,  that 
it  may  be  known  that  you   have  had  the  full 
benefit  of  the  laws  established  in  England,  and 
those  the  best  of  laws ;   for  such  is  not  the 
law  of  other  nations  :  For  if  any  protestant  in 
any  place  where  the  Romish  religion  is  profest, 
had  been  but  thought  guilty  of  such  crimes,  lie 
had  never  come  to  the  formality  and  justice 
of  an  arraignment,  and  to  be  tried  by  his  peers, 
permitted  to  make  his  defence,  and  hear  what 
could  be  said  against  him  ;  but  be  had   been 
hanged    immediately,  or   perhaps  suffered  a 
worse  death.    But  you  are  not  only  beholden 
to  the  happy  constitution  of  our  laws,  but  to 
the  more   happy  constitution  of  our  religion. 
For  such    are    the  admirable  documents   of 
that  religion  we  in  England  profess,  that  we 
dare  not  requite  massacre  for  massacre,  blood 
for  blood.     We  disown  and  abhor  all  stabbing  ; 
and  we  are  so  far  from  reckoning  that  be  shall 
be  a  saint  in  Heaven  for  assassinating  a  prince, 
and  be  prayed  to  in  another  world,  that  the 
Protestant  is  required  to  believe,  that  such  as 
begin  with  murder,  must  end  with  damnation, 
if  our  blessed  Lord  and  Saviour  do  not  ioter- 
pose ;  nothing  that  man   can  do,  Papist  or 
Protestant,  can  save  any  man  in  such  a  case. 
We  dare  not  say  that  our  religion  will  permit 
us  to  murder  dissenter»,mucb  less  to  assassinate 
our  king. 

And  having  thus  said,  let  me  onc«  more  as  a 
Christian,  in  the  name  of  the  great  God  of 
Heaven,  beg  of  you  for  your  own  tools  sake, 
be  not  satisfied  or  over-persuaded  with  any 
doctrine  that  you  have  preached  to  others,  oti 
imbibed  from  others ;  but  believe,  that  no  one 
can  contrive  the  death  of  the  king,  or  the  over- 
throw of  the  government,  but  the  great  God  o 
Heaven  and  earth  will  have  an  account  of  it 
And  all  pardons,  absolutions,  and  the  dispen 
saoons  that  you  who  are  priests  can  give  to  you 
lay-brother,,  or  that  any  of  your  superiors  ma 
give  to  yoo,  will  not  serve  the  turn. 

I  know  not,  but  as  I  said,  you  may  think 
speak  this  to  insult,  I  take  the  great  God    < 


1413     STATS  TRIALS,  SO  Chasles  II.  1678.— <wuf  Grove,  far  High  Treason,     [ldfl 


Bcncfto  witness  that  I  speak  it  with  charity 
to  year  souks,  and  with  great  sorrow  and  grief 
in  my  own  heart,  to  see  men  that  might  have 
made  themselves  happy,  draw  upon  themselves 
so  great  a  rata.  But  since  yon  have  been  so 
nurfy  heard,  so  fairly  tried  and  convicted,  there 
is  hot  little  more  to  be  said ;  for  f  must  tell  you, 
because  it  may  not  be  thought  that  you  had 
not  free  liberty  to  make  your  full  defence, 
though  that  gentleman  (speaking  to  Ireland) 
seemed  to  be  surprized,  he  had  a  kind  sister, 
that  took  care  to  bring  hb  witnesses  ;  I  am  so 
far  from  blaming  her  for  it,  that  I  do  com- 
mend her,  it  was  the  effect  of  bergood  nature, 
and  dest ims  commendation  ;  but  speak  to  this 
parpose,  to  shew  that  there  was  no  surprize 
upon  him,  nor  his  Hie  taken  away  by  any 
neb  thing  ;  for  be  had  a  greater  favour  shewed 
id   him  than  is  usually  shewn  to    such  of- 


Aad  having  thus  said  to  you  myself,  we  do 
also  require  him  whose  duty  it  is  to  attend  in 
such  cases,  nay,  I  do  command  him  in  the  name 
at*  the  court,  that  he  attend  upon  you  to  give 
yon  all  the  comfortable  assistance  that  he  can 
for  the  advantage  of  your  future  state  :  Aud 
not  only  so,  but  we  will  certainly  take  care* 
that  if  yon  will  have  any  others  come  to  you 
they  shall.  I  would  not  be  mistaken,  I  do 
not  mean  any  of  your  priests  and  Jesuits  ;  but 
ifyoa  will  have  the  assistance  of  any  Protestant 
divines,  they  shall  not  be  dented  you.  And  I 
tape  God  Almighty  will  please  to  give  you  par- 
son in  another  world,  though  you  have  offended 
beyond  hopes  of  any  in  this.  I  once  more 
a*ore you,  all  I  have  said  is  in  perfect  charity. 
1  pray  God  forgive  yon  for  what  you  have  done. 
And  so  there  remains  now  only  for  me  to  pro- 
nounce that  sentence  which  by  the  law  of  the 
land  the  court  is  required  to  do  against  persons 
convicted  of  that  offence  which  you  are  con- 
victed of. 

This  const  doth  therefore  award,  "  That  you, 
the  prisoners  at  tlie  bar,  be  conveyed  from 
hence  to  the  place  from  whence  you  came,  and 
from  thence  that  yon  be  drawn  to  the  place  of 
execution  upon  hurdles,  that  there  you  be  se 
verattj  hanged  by  the  neck,  that  you  be  cut 
•own  alive,  that  your  privy  members  be  cut 
of,  and  jroer  bowels  taken  out,  and  burnt  in 
fsar  view,  that  your  heads  be  severed  from 
year  bodies,  that  your  bodies  be  divided  into 
aasxtm,  and  those  quarters  be  disposed  of  at 
the  king's  pleasure:  And  the  God  of  infinite 
mercy  be  merciful  to  your  souls." 

Then  the  prisoners  were  conveyed  back  to 
the  Gaol  by  the  keener  of  the  Gaol,  accord- 
ing to  custom  ;  and  tne  commission  was  called 
aver,  and  the  prisoners  taken  order  for  accord- 
ing to  law.  And  the  court  adjourned  by  pro- 
clamation than  : 
CLvfCr.  Crier,  make  proclamation. 
Crier.  O  Yes,  G  Yes,  O  Yes !  All  manner 
af  persons  that  have  any  thing  more  to  do  at 
las  general  sessions  of  the  peace  holden  for 
the  city  of  London,  may  depart  hence  for  this 
one,  and  give  their  attanjiance  at  the  Guild- 


hall, London,  on  Friday  the  10th  day  of  J  a* 
nuary  next,  at  seven  of  the  clock  in  the  morn- 
ing. And  all  manner  of  persons  at  this  ses- 
sions of  Oyer  and  Terminer,  and  gaol-dettvercy 
of  Newgate,  holden  for  the  city  of  London  and 
county  of  Middlesex,  may  depart  hence  for 
this  time,  and  give  their  attendance  here  again 
on  Wednesday,  the  15ih  day  of  January,  at 
seven  of  the  dock  in  the  morning.  God  says 
the  king. 
And  then  the  court  broke  up. 


On  Friday  the  94th  of  January  following, 
William  Ireland  and  John  Grove  were  drawn 
from  Newgate  on  a  hurdle  to  Tyburn,  where 
they  were  executed  according  to  their  sentence. 

Mr.  Ireland  made  this  following  Speech  i 
<'  We  come  hither,  as  on  tbe  list  theatre  of 
the  world,  and  do  therefore  conceive  we  are 
obliged  to  speak.  First  then,  we  do  confess, 
that  we  pardon  all  and  every  one  whatsoever, 
that  have  any  interest,  concern,  or  hand  in  onr 
death.  Secondly,  we  do  publicly.profess  and  ac- 
knowledge, that  we  are  here  obliged,  if  we  were 
guilty  ourselves  of  any  treason,  to  declare  it ; 
and  that,  if  we  knew  any  person  faulty  therein 
(although  he  were  our  father)  we  would  detect 
and  discover  him  ;  and  as  for  ourselves,  we 
would  beg  a  thousand  and  a  thousand  pardons, 
both  of  God  and  man  :  But  seeing  we  oannot 
be  believed,  we  must  beg  leave  to  commit  our- 
selves to  the  mercy  of  Almighty  God^and  nope  to 
find  pardon  of  him  through  Christ.  As  for  my 
own  part,  having  been  twenty  years  in  the  Low 
Countries,  and  *  then  .coming  over  in  June 
was  twelvemonth,  I  had  returned  again,  had 
not  I  been  hindered  by  a  fit  of  sicknett*.  On 
the  3d  of  August  last  I  took  a  journey  into* 
Staffordshire,  and  did  not  come  back  to  town 
before  the  14th  of  September,  as  many  can.. 
witness :  for  a  hundred  and  more  saw  me  in 
Staffordshire ;  therefore,  bow  I  should  in  this 
time  be  acting  here  treasonable  stratagems,  I 
do  not  well  know  or  understand.** 

Here  Mr.  Sheriff  advertised  tbe  prisoner,  he 
would  do  well  to  make  better. use  of  his  time, 
than  to  spend  it  in  such-like  espressions,  for 
nobody  would  believe  htm ;  not  that  they 
thought  much  of  their  time,  for  they  would 
stay  ;  but  such)  kind  of  words  did  arraign  the 
proceedings  of  the  court,  by  which  they  were 
tried.  - 

Wherefore  Mr.  Ireland  coadnded,  and  said; 
"  I  do  here  beg  of  God  Almighty  to  shower 
down  a  thousand  and  a  thousand  blessings  upon 
his  majesty,  on  her  sacred  majesty,  on  the  duke 
of  York,  and  all  tbe  royal  family,  and  also  on 
tbe  whole  kingdom.  As  for  those  catholics  that 
are  here,  we  desire  their  prayers  for  a  happy 
passage  into  a  better  world,  and  that  he  wonld 
be  merciful  to  all  christian  souls.  And  as  for 
all  our  enemies,  we  earaesrv  desire  that  God 
would  pardon  them  again  and  again,  for  we 
pardon  them  heartily,  from  die  bottom  of  one: 
hearts ;  and  so  I  beseech  all  goad  people  t*> 
pray  for  us  and  with  us." 


143]         STATE  TRIALS,  30  Charles  II.  1 076.— Trial  #  Lord  Corntxtlli*,       [144 
Then  Mr.  Groves  said ;  ,      I 

n  We  are  innocent ;  we  lose  our  lives  wrong- 


it  a  matter  of  great  weight,  I  shall » tberefote 
consider  of  it,  and  return  you  an  answer*" 


Fully  ;  we  pray  to  God  to  forgive  them  that  are 
the  causers  of  it." 

The  execution  of  Thomas  Pickering  was  respi- 
ted for  to  long  a  time,  that  it  occasioned  an 
Address  of  the  Hou^e  of  Commons,  April  37, 
1679?  "  That  his  mnjesty  would  be  pleased  to 
order  the  execution  of  one  Pickering  a  pri- 
soner in  Newgate,  and  of  divers  priests  and 
Jesuits,  who  had  hcen  condemned  by  the 
judges  at  the  Old  Bailey  and  in  the  several 
circuits,  but;  did  remain  119  yet  unexecuted, 
to  the  great  emboldening  of  such  offenders,  in 
case  they  should  escape  without  due  punish- 1 
blent."  To  which  the  king  returned  this  an- 
swer.: u  Gentlemen,  I  have  always  been  ten- 
der in  matters  of  blood,  which  my  subjects 
have  no  reason  to  take  exceptions  at ;  But  this 


May  35,  the  king  sent  a  message  to  the 
House,  by  Lord  Russel,  to  let  them  know,  tlrat 
he  would  comply  with  their  request  concerning 
Pickering,  and  that  the  law  should  pass  upou 
him. 

lie  was  accordingly  executed  in  pursuance 
of  his  sentence.  Arriving  at  the  place  of  exe- 
eution,  he  appeared  to  the  spectators  (after  a 
manner  very  unusual  to  persons  in  his  condition) 
with  a  countenance  not  only  calm,  aweer,  and 
serene,  but  even  chearful,  smiling,  and  pleased; 
solemnly  protesting  upon  his  sal  vntiott,  he  was 
innocent  in  thought,  -word,  and-  deed,  of  all 
that  was  laid  to  his  charge.  Then  heartily  pray- 
ing for  his  accusers  and  enemies,  he  said  to 
the  hangman  '  Friend,  do  thy  office  ;'  and  soon 
after  left  the  world. 


S46.  The- Trial  of  the  Lord  Corn  wallis,  before  the  Lords*  at  West* 
minster,  for  the  Murder  of  Robert  Clerk:  30  Charles  II. 
a.d.  I678.f 


AFTER  my  'Lord  High  Steward  (lord  Finch 
,  afterwards  earl  of  Nottingham)  was  ascended 
to  the  High  Chair  of  State,  and  sat  down  there- 
in) -the  commission  was  delivered  by  the  clerk 


■ »— ■ 


*  This  was  a  Trial  in  the  Court  of  the  Lord 
High  Steward,  as  to  which,  and  the  distinction 
between  it  and  the  High  Court  of  Parliament, 
or  as  Mr.  Justice  Foster  stiles  it,  "  The  Court 
.•of  our  Lord  the  King  in  Parliament,"  see  the 
Case  of  Lord  Delamere,  a.d.  1686,  tn/r*; 
and  of  Earl  Ferrers,  a.d.  1760,  infra;  and 
Foster's  Crown  Law,  138.  See  also  4  Hat*-' 
♦ell's  Precedents,  IDT.  877,  and  the  Appendix, 
No.*. 

f  This  Case  is  thus  reported  in  Jones's  Rep. 
54  :  "  The  lord  C.  having  been  indicted  for 
the  murder  of  Robert  Clerk  mentioned  in  the 
nest  preceding  x  The  king  for  his  trial  con- 
stituted Heiieuge  lord  Finch,  then  High  Chan- 
cellor of  England,  to  be  Lord  High  Steward, 
Aec  vict  tMntwk.    The  trial  was  upon  the  30th 
day  of  June  after  Trinity  Term,  in  the  28th 
year  of  the  king.    The  proceedings  were  such 
as  are  described  by  lord  Coke  in  his  Book  of 
Pleas  of  the  Crown,  chap.  Treason,  of  the  Trial 
of  Peers;  as  to  the  Summons  of  the  peers  triers, 
the  Certiorari  to  the  Lord  Chief  Justice  for  the 
•indictment,  and  precept  to  ihe  constable  of  the 
Tower  of  London,  and  other  formalities  there 
mentioned.    The  steward  was  attended  from 
iris  house  on  the  day  of. the  trial  quite  to  West- 
minster, by  the  judges  in  their  coaches.    Sir 
fidward  .Walker,  tiien  garter  king  at  arms,  go- 
ing before  him  in  his  coat  with  the  Serjeants  at 
•ems:  when  he  was  at  the  great  door  of  the 
hall  he  tarried  till  the  judges  were  alighted  out 
-of  their  coaches,  and  then  the  chief  justices 
first,  and  the  rest  according  to  their  seniority  I 


of  the  crown  in  the  Chancery,  on  his  knee*,  to 
my  lord,  who  delivered  it  to  sir  Thomas  Fan- 
shew,  clerk  of  the  crown  in  the  King's* Bench 
office,  and  be  received  it  kneeling.     Then  pro* 

passed  by  him,  and  advanced  into  the  court, 
which  was  a  large  tribunal  erected  for  this  pur- 
'  pose  (the  whole  structure  extended  almost  from  . 
the  SUirs  leading  to  the  courts  of  King's-bench 
and  Chancery  to  the  court  of  Common  Pleas, 
but  the  court  itself  was  not  so  large  by  much.) 
The  cloth  of  state  was  placed  aloft  in  the  mid-  ' 
die  of  both  sides  of  it,  but  a  little  behind  were 
built  two  small  boxes ;  on  the  right  were  the 
king,  the  queen,  the  duke  and  duchess ;  the 
others  were  filled  with  persons  of  honour.   The 
peers  triers  were  seated  on  both  sides  the  chair 
I  of  state,  but  at  the  distance  of  about  five  paces 
from  it,  and  a  step  lower  on  benches  covered 
with  green  cloth,  with  which  the  whole  court 
was  likewise  covered.   At  the  peers  feet. sat  the 
judges,  some  on  one  side  and  some  on  the  other, 
their  seats  being  of  the  same  height  with  the 
floor  of  the  court.    In  the  middle  was  a  piece 
cut  for  the  clerk  of  the  orown  of  the  KittgV 
bench,  and  for  his  deputy,  in  the  lower  part. 
The  king's  council,  viz.  his  senior  Serjeant,  at- 
torney and  solicitor  were  placed.     The  pri- 
soner was  at  the  bar  behind  thetn,  but  raised 
about  six  feet,  and  directly  over  against  the 
chair  of  state. 

"  After  the  court  was  thus  disposed,  Cher- 
noke,  serjeant  at  arms,  made  proclamation 
three  times,  and  command  was  made  that  all 
persons,  except  the  lords  the  triers,  and  other 
peers  of  the  realm,  and  the  privy  counsellor* 
and  the  judges,  should  he  uncovered.  Then 
the  clerk  of  the  crown  read  the  indictment, 
and  arraigned  the  prisoner,  who  pleaded  Not 

4 


144] 


STATTE  TUALS,  IOCaAM.MiL  mi—Jbr  Murdtr. 


[146 


marie  by  the  Serjeant  at  Anns, 
who  was  Crier  for  the  day. 


Gadty,  and  pot  himself  upon  bis  peeia,  who 
were  chirtv-six,  the  greatest  part  of  them  of 
the  most  eobte,  of  the  greatest  estate,  and  the 
wisest  of  the  realm.     Before  any  evidence  was 
given,  the  Lord    Steward  made  an  elegant 
apeech  to  the  triers,  and  exhorted  the  prisoner 
n>  beef  good  courage,  and  without  rear,  and 
Iv  sanvann  all  the  faculties  of  his  soul  to  his 
aarijtnnrr    Then  the  evidence  was  first  opened 
by  the  solicitor  general,  seconded  by  the  attor- 
ney, aud  concluded  by  Serjeant  Maynerd,  the 
ail  the  while  behaving  himself  with 
,  modesty   and  prudence.    After  the 
ras>  concluded,  the  lords  went  to  coit- 
coasuk  together,  in  the  Court  of 
Wards,  as  I  belie**,  and  during  their  absence 
biscuit  and  wine  were  distributed  in  the  court. 
After  two  hoars  or  more,  the  lords  retornejj, 
and  the  Lord  Treasurer,  in  the  name  of  his 
fellows,  prayed  the  advice  of  the  Lord  Steward 
wad  the  Judges  on  this  point,  Whether  a  per- 
son's presence    at   and   abetting  of  a  man- 
aaueater,  committed  by  another,  made  him 
guAr,  as  it  was  in  the  case  of  murder.    To 
staicn  the  Judge*  speaking,  ? iz.  those  of  the 
same  aide  for  themselves,  and  not  altogether, 
all  agreed  that  the  law  was  the  same  in  case 
af  avanslnughfer  as  of  murder.    Then  the  lords 
went  back,  and  in  half  an  boar  returned  to 
give  their  verdict.    And  being  seated  in  their 
places  the  Lord  Steward  spoke  first  to  the 
Tainrrat  h>rd  in  -this  manner,  My  lord  A.  is  my 
lord  C.  Guilty  or  not?  and  so  to  every  one, 
■■mining  from  the  voungest  to  the  first,  and 
aaah  answrird  in  hk  order,  Guilty  or  Not 
•3e3ty  open  my  honour.    And  six  of  them  pro- 
neawced  him  Guilty  of  Manslaughter,  and  the 
fast  Hot  Guilty.     This  being  recorded,  the 
loin  toward  broke  the  white  rod  (which  was 
held  befure  him  daring  the  whole  trial)  over 
via  head,  and  then  the  court  broke  up. 

M  B.  G.  having  been  indicted  for  the  same 
saarder  of  Robert  Clerk,  with  the  said  lord 
C.  surrendered  himself  in  Michaelmas  Term, 
•B  C.  8.  and  being  brought  to  the  KingV 
bench  bar  the  same  term,  and  arraigned,  plead- 
ed the  king's  pardon,  which  was  read,  he  being 
oa  has  knees.  Then  Twisden,  justice,  observ- 
ed, that  the  pardon  did  not  recite  the  mdict- 
aad  that  he  remembered  it  had  been 
I,  whether  a  pardon  after  indict- 
it  mentioning  it,  should  be  allowed, 
thought  the  pardon  in  this  case  was  well 
_  t,  lor  it  had  these  words, '  sive9  (the  pri- 
r)  *  fait  uufactat'  sive  non.'  Note  this  par- 
don wee  per  verba  of '  feionicnm  interfectionem 
•  eaaaxaaq/  with  a  *  Non  obstante  the  statute 
'  of  R.  8/  &e.  and  was  allowed  by  all  the 
court,  and  the  prisoner,  after  grave  advice 
tiven  him  by  the  Lord  Chief  Justice  and  Twis- 
sen,  discharged,  and  afterwards  according  to 
Be  cBSfom  he  presented  gloves  to  all  the 

yql.  m. 


Serjeant.  Oyes,  O  yes,  O  yes!  My  Lord 
High  Steward  of  England  strictly  chargeth  and 
oomtaandeth  alt  manner  of  persons  here  pre- 
sent, upon  pain  of  imprisonment,  to  keep 
silence,  and  give  ear  to  his  majesty's  commis- 
sion. To  my  Lord  High  Steward  of  England, 
to  bis  grace  directed. 

The  clerk  of  the  crown,  with  his  face  to  my 
Lord  High  Steward,  reads  it  thus: 

Clerk  of  the  Crown.  Charles  Rei  Carotos 
Secundum,  &c. 

All  which  time  my  lord  and  the  peers  stood, 
op  bare. 

Serjeant.  God  save  the  king. 

CI.  Cr.  Make  proclamation. 

Serjeant.  O  yes!  The  king,  at  arms,  and  the 
usher  of  the  black  rod,  on  their  knees,  deliver 
the  white  staff  to  my  lord,  who  re-delivered  it 
to  the  usher  of  the  black  rod,  who  held  it  up 
all  the  time  before  him. 

CI.  Cr.  Make  proclamation. 

Serjeant.  O  yes!  My  Lord  High  Steward  of 
England  strictly  chargeth  and  commanded!  all 
justices  and  commissioners,  and  all  and  every 
person  and  persons  to  whom  any  writ  or  pre* 
cept  hath  been  directed  for  the  certifying  of 
any  indictment,  or  of  any  other  record  before 
my  Lord  High  Steward  of  England,  to  certify 
and  bring  the  same  immediately,  according  to 
the  tenor  of  the  said  writs  and  precepts  onto 
them,  or  any  of  them  directed,  on  pain  and 
peril  as  shall  rail  thereon. 

The  lord  chief  justice  of  the  KiogVBeoch 
returned  his  Certiorari,  and  the  record  of  the 
Indictment  by  the  grand  jury  of  Middlesex, 
which  was  read  by  toe  clerk  of  the  crown  in 
hoc  verba. 

CI.  Cr.  Virtote,  &c. 

L.  H.  Stew.  Call  the  constable  of  the  Tower 
to  return  his  precept  and  bring  forth  his 
prisoner. 

CI.  Or.  Make  proclamation. 

Serjeant.  Oyes!  Constable  of  the  Tower  o£ 
Loudon,  return  the  precept  to  thee  directed, 
and  bring  forth  the  prisoner  Charles  lord  Corn- 
waliis,  on  pain  and  peril  as  will  fell  thereon. 

The  lord  lieutenant  of  the  Tower  brought  in 
the  prisoner,  on  his  left-hand,  with  the  ax  be- 
fore him,  borne  by  the  deputy-lieutenant,  which 
he  held  with  the  edge  from  him,  and  returned 
his  precept  in  hoc  verba. 

til.  Cr.  Virtote,  ore. 

L.  H.  Stew.  Call  the  Serjeant  at  Arms  to 
return  his  precept. 

CI.  Cr.  Make  proclamation. 

Serjeant.  O  yes!  Roger  Harfnet,  esq.  Ser- 
jeant at  Arms  to  oar  sovereign  lord  the  king, 
return  the  precept  to  thee  directed,  with  the 
names  of  all  the  lords  and  noblemen  of  thia 
realm,  peers  of  Charles  lord  Cornwall**,  by 
thee  summoned,  to  be  here  this  day,  on  pain 
and  peril  as  will  fall  thereon. 

He  delivered  his  precept  returned  with  a 
schedule  annexed  thus: 

Ci.  Cr.  Virtute,&c.  Make  proclamation. 

Serjeant.  O  yes !  All  marquisses,  earls,  vis- 
counts, and  barons  of  this  realm  of  England, 


147]        STATE  TRIALS,  50  Craklis  II.   1678.— Trial  qf  Lord  Cornwallis,      [148 


peers  of  Charles  lord  Cornwallis,  which  by 
commandment  of  tbe  Lord  High  Steward  of 
England  are  summoned  to  appear  this  day, 
and  to  be  present  in  Court,  answer  to  your 
names,  as  you  are  called,  every  one  upon  pain 
and  peril  as  will  fall  thereon. 

Then  the  Pannel  was  called  over;  tbe  num- 
ber of  peers  summoned  were  35,  in  order  as 
followeth : 

Thomas  Earl  of  Danby,  Lord  High  Trea- 
surer of  England,  &c. 

All  that  appeared,  answered  to  the  call, 
standing  up  hare. 

Then  my  Lord  High  Steward  made  a  speech 
to  the  prisoner  at  tbe  bar  thus : 

Lord  High  Steward.  "  My  lord  Cornwall  is, 
The  violation  of  the  king's  peace,  in  tbe  chief 
sanctuary  of  it,  his  own  royal  palace,*  and  in 
so  high  a  manner  as  by  the  deatb  of  one  of  bis 
subjects,  is  a  matter  that  must  be  accounted 
for.  And  that  it  may  be  so,  it  hath  pleased 
the  king  to  command  this  high  and  honourable 
court  to  assemble,  in  order  to  a  strict  and  im- 
partial enquiry. 

"  The  wisdom  of  the  law  bath  therefore 
styled  it  tbe  king's  peace,  because  it  is  his  au- 
thority that  commands  it,  it  is  his  justice  that 
secures  it,  it  is  he  on  whom  men  do  rely  for  tbe 
safety  of  their  liberties  and  their  lives;  in  him 
tfaey  trust  that  a  severe  account  shall  be  taken 
of  all  the  violences  and  injuries  that  are  offered 
to  them,  apd  they  that  trust  in  the  king  can 
never  be  deceived. 

*f  It  is  your  lordship's  great  anbappiness  at 
this  time  to  stand  prisoner  at  the  bar,  under 
the  weight  of  no  less  a  charge  than  an  Indict- 
ment of  murder;  and  it  is  not  to  be  wondered 
at,  if  so  great  a  misfortune  as  this  be  attended 
with  some  kind  of  confusion  of  face ;  when  a 
nan  sees  himself  become  a  spectacle  of  misery 
in  so  great  a  presence,  and  before  so  noble  and 
so  illustrious  an  assembly.  But  be  not  yet 
dismayed,  my  lord,  for  all  this ;  let  not  the  fears 
and  terrors  of  justice  so  amaie  and  surprize 
yout  as  to  betray  those  succours  that  your  rea- 
son would  afford  you,  or  to  disarm  you  of  those 
helps  which  good  discretion  may  administer, 
and  which  are  now  extremely  necessary. 

"  It  is  indeed  a  dreadful  thing  to  fall  into  the 
hands  of  justice,  where  the  law  is  the  rule,  and 
a  severe  and  inflexible  measure  both  of  life  and 
death.  But  yet  it  ought  to  be  some  comfort  to 
your  lordshipy  that  you  are  now  to  be  tried  by 
my  lords  your  peers;  and  that  now  you  see  the 
scales  of  justice  are  held  by  such  noble  hands, 
you  may  be  confident  they  will  put  into  them 
all  the  grains  of  allowance,  either  justice  or 
honour  will  bear. 

u  Hearken  therefore  to  your  indictment  with 
quietness  aod  attention ;  observe  what  the  wit- 

*  As  to  striking  in  the  palace,  &c.  See  the 
Cases  of  sir  Edmund  Knevet,  ante,  vol.  1,  p 
443,  of  the  earl  of  Devonshire,  a.  ».  1687 ; 
and  of  lord  Thanet  and  Mr.  Ferguson,  a.  d, 
1797,  pott.  See  also  East's  Pleas  of  the  Crown, 
•C.  V|  sect.  •>• 


oesses  say  against  you  without  interruption, 
and  reserve  what  you  have  to  say  for  yourself,' 
till  it  shall  come  to  your  turn  to  make  your  de- 
fence, of  which  I  shall  be  sure  to  give  yon  no- 
tice; and  when  the  time  comes,  assure  your- 
self you  shall  be  heard,  not  only  with  patience, 
but  witb  candour  too. 

"  And  then  what  judgment  soever  raj  lords 
will  give  vou,  yourself  will  (and  alf  the  world) 
be  forced  to  acknowledge  the  justice  and 
equity  of  their  judgment,  and  the  righteousness 
of  all  their  lordships  proceedings/' 

Read  the  Indictment. 

CI.  Cr.  Charles  Lord  Cornwallis,  Thou 
standest  indicted  in  the  County  of  Middlesex > 
by  the  name  of,  &c.  How  sayest  thou,  Charles 
lord  Cornwallis,  Art  thou  guilty  of  this  felony 
and  murder  whereof  thou  standest  indicted,  or 
Not  guilty? 

Lord  Corn.  Not  guilty. 

CI.  Cr.  How  wile  thou  be  tried  ? 

Ld.  Corn.  By  God  and  my  peers. 

Then  my  Lord  High  Steward  addressed  him- 
self to  the  Lords  thus : 

L.  H.  Stew.  "  My  Lords,  Your  lordships 
have  here  a  member  before  you  of  your  noble 
body,  exposed  to  the  shame  of  a  public  arraign- 
ment, and  (which  to  a  man  of  honour  is  much 
less)  to  the  hazard  both  of  his  life  and  estate. 
All  that  he  hath,  and  ever  hopes  to  have,  bis> 
wealth,  his  fame,  his  posterity  :  all  that  is  va- 
luable to  him  in  this  world,  entirely  depends 
on  your  lordships  judicature,  who  are  now 
his  peers,  and  on  whom  he  doth  freely  pot 
himself. 

"  My  Lords,  the  privilege  of  this  kind  of 
trial  and  judicature,  is  a  part  of  tbe  true  great- 
ness of  the  English  nobility:  It  is  an  eminent 
and  an  illustrious  privilege.  It  is  a  solid  poisst 
of  honour  and  dignity.  It  is  a  privilege  that 
no  neighbour  nation  ever  had,  and  a  privi- 
lege this  nation  never  was  without. 

"  It  is  not  a  privilege  created  by  the  great 
Charter,  hut  confessed  and  acknowledged  bv 
it.  They  look  but  a  little  way  that  find  this 
in  the  steps  of  the  Norman  conquest ;  for  it  isj 
to  be  found  even  in  the  footsteps  of  the  Savon 
Monarchy,  when  Godwin  earl  of  Kent  waa 
tried  by  earls  and  barons.  And  it  is  no  improbav- 
ble  conjecture  of  theirs,  who  do  think  tbe  wis- 
dom of  this  Constitution  was  taken  from  that 
law  amongst  the  Romans,  whereby  it  was 
made  unlawful  for  any  mats  to  sit  upoo  a  so 
nator,  that  was  not  himself  of  tbe  same  order ; 
a  privilege,  that  (as  learned  civilians  tell  utf 
continued  with  them  during  the  reign  of  main 
of  the  Roman  emperors.  But,  my  Lords,  a< 
this  is  a  privilege  as  ancient  as  Monarchy,  sk 
we  have  found  by  many  old  experiences,  thai 
it  cannot  be  taken  away  without  the  dissolu- 
tion of -that  government:  Therefore  this  is  oni 
of  those  many  ties  by  which  the  interest  o 
nobility,  as  well  as  their  duty,  have  obliged  then 
to  the  service  of  tbe  kine. 

"  In  the  exercise  of  this  privilege  at  thi 
time;    I  know  your  lordships  will  weigh   tlv 


U»] 


3TATg  TA1AJJ5,  soChamasIL  Wit.— ft*  Murder. 


[1*0 


fact  with  ail  the  arcanutances,  whereby  it  ii 
to  receive  its  true  and  its  proper  doom. "  Your 
lordships  are  too  just  lo  let  pity  make  an  abate- 
ipent  tor  the  crime,  and  too  wise  to  let  rheto- 
ric make  any  improvement  of  it:  This  only 
will  be  necessary  to  be  observed  by  all  your 
lordships,  that  the  fouler  the  crime  is,  the  clearer 
tod  the  plainer  ought  the  proof  of  it  to  be.  There 
is  no  other  good  reason  can  be  given,*  why 
the  law  refoseth  to  allow  the  prisoner  at  the 
bar  counsel  in  matter  of  met,  when  his  life  is 
concerned,  but  only  this,  because  the  evidence 
by  which  he  is  condemned  ought  to  be  so  very 
evident  and  so  plain,  that  all  the  counsel  in  the 
world  should  not  be  able  to  answer  upon  it  : 
Upon  this  ground  it  is,  that  the  law  hath  trusted 
your  lordships  with  the  trial  of  your  fellow 
peers;  no  trust  can  be  more  nobly  lodged,  nor 
bo  judicature  had  ever  more  true  submission 
ande  to  it :  therefore  it  would  be  in  me  some 
want  of  respect  to  this  august  and  noble  as- 
sembly, should  I  go  about  to  put  your  lord- 
ships in  miud  of  your  duty :  no  doubt  yon  will 
observe  the  eridencw -carefully,  weiph  it  dili- 

Sitly,  and  when  that  is  done,  it  is  impossible 
t  the  judgment  you  will  give  must  be  right 
and  honourable  and  worthy  of  so  wise  and 
so  great  a  body.  Therefore  I  will  not  de- 
tain your  lordships  any  longer  from  hearing 
the  evidence  that  is  ready  to  be  offered  unto 

CLefCr.  Make  Proclamation. 

Say.  O  yes  1  If  any  will  give  evidence  for 
oar  sovereign  lord  the  king,  against  Charles 
lord  Cornwallis,  prisoner  at  the  bar,  let  him 
come  forth  and  he  shall  be  heard  ;  for  the  pri- 
soner stands  at  the  bar  upon  his  deliverance. 

The  Indictment  was  again  read  to  the  peers. 

Serjeant  Maynard.  May  it  please  your 
grace,  my  Lord  High  Steward  of  England,  and 
this  peat  and  noble  assembly ;  the  prisoner  at 
the  bar,  Charles  lord  Comwallis,  standeth  in* 
dieted  of  a  great  crime,  that  he,  together  with 
Charles  Garrard  and  Edward  Bourne,  not  hav- 
ing in  his  heart  the  fear  of  God,  but  instigated 
by  the  suggestions  of  the  Devil,  the  18th  of 
May  last,  did  feloniously  and  of  his  malice  fore- 
thought, assault  one  Robert  Clerk  in  White- 
hall, and  that  Mr.  Gerrard  took  him  up  in  his 
arms,  flung  him  down,  and  broke  his  neck,  of 
which  he  instantly  died.  To  this  he  hath 
pleaded  Not  Guilty.  It  lies  upon  us  who  are 
counsel  for  the  king,  in  this  case  to  prosecute 
it,  and  prove  it  to  you. 

Mr.  Attorney  General,  (sir  William  Jones), 
Msy  it  please  your  grace,  my  Lord  High  Stew- 
ard of  England,  and  my  Lords  summoned  for 
the  trial  of  the  prisoner  at  the  bar :  This  noble 
lord  stands  indicted  for  murder;  an  offence, 
my  lord,  which  is  the  first  and  greatest  that  is 
aWbsBoeu  by  the  second  table,  and  an  offence 
of  that  nature,  that  the  law  of  God  hath  by  a 
most  peremptory  sentence  condemned  and  de- 

*  See  3  Inst.  137,  4  Blackstone's  Coram. 
3tf,  350.  See  too  Don  Pantaloon  Sa's  Case, 
sale,  vol.  £,  p.  466,  and  the  Note. 


creed,  that  whoso  sheddeth  man's  blood  by 
man  shall  his  blood  be  shed.  Whether  this 
noble  lord 'be  guilty  of  it,  remains  upon  your 
lordships  to  try,  and  I  shall  very  shortly  state 
the  matter  of  fact,  which  we  shall  prove,  and 
then  let  the  evidence  be  offered  to  you.  We 
do  not  pretend,  my  Lords,  neither  doth  the 
Indictment  lay  it,  that  this  great  offence  was 
committed  by  the  band  of  my  lord  Com- 
wallis. 

For  I  know  your  lordships  have  observed  the 
Indictment,  by  which  it  is  alledged,  that  the 
hand  of  Mr.  Gerrard  did  the  fact:  but,  my 
Lords,  if. we  shall  make  it  out  that  my  lord 
Comwallis  did  coucor  to  this  act,  and  had  in 
himself  at  that  time  an  intent  to  be  a  murderer, 
then  it  will  be  declared  by  his  grace,  my  Lord 
High  Steward,  and  my  Lords  the  judges,  that 
though  his  hand  did  it  not,  yet  he  is  equally 
guilty  as  if  it  had. 

Now,  to  make  out  the  charge  against  him! 
our  evidence  will  be  shortly  thus ; 

On  the  18th  of  May  last,  early  in  tlie  morn* 
ing,  between  the  hours  of  one  and  two,  came 
down  two  gentlemen  with  three  footmen  bo- 
hind  them,  out  of  the  gallery  at  Whitehall,  by 
the  stairs  that  lead  down  to  the  park :  I  can 
them  two  gentlemen,  because  it  was  not  then 
discovered  who  they  were,  or  of  what  quality  ; 
but  your  lordships  will  perceive,'  by  the  course 
of  the  evidence,  they  were  my  Lord  Corn  wains 
and  Mr.  Gerrard,  coming  down  at  that  unsea-  ~ 
sonable  hour.  The  first  question  they  asked 
the  centinel  (who  watched  at  the  foot  of  the 
stairs),  was  the  hour  of  the  night;  and  from  him 
bad  account  that  it  was  so  much. 

The  prisoner  and  Mr.  Gerrard  were  some* 
what  distempered  with  drink,*  and  made  him 
a  reply  that  be  lyed,  with  great  oaths  accom- 
panying it.  At  that  time  they  did  no  more 
but  go  by  him  into  the  park,  where  after 
they  had  continued  by  the  space  of  an  hour, 
back  they  returned  to  the  stairs,  and  the  cen- 
tinel demanding,  according  to  bis  duty,  who 
came  there  ?  they  answered  him  in  very  ob- 
scene and  uncivil  language,  and  threatened  tbey 
would  kill  the  centinel,  who  only  did  his  duty  in 
enquiring  who  came  by  him  at  that  time  of  night. 
And  we  shall  make  it  appear,  they  wens 
in  a  kind  of  contention  among  themselves  who 
should  kill  him ;  for  as  I  am  informed,  (I  know 
if  it  be  not  proved,  your  lordships  will  observe 
it)  one  desired,  Pray  let  me  kill  him;  and  the 
other  desired,  Pray  let  me  kill  him;  and  threat- 
ened no  less  than  to  ran  him  through. 

My  Lords,  the  centinel  being  of  good  reso- 
lution, was  not  affrighted  from  bis  place,  but 
kept  them  off;  and  when  they  saw  they  could 
not  win  upon  the  centinel  that  way,  one  of  ibem 
delivered  away  his  sword,  which  be  held  in  his 

*  As  for  a  drunkard,  who  isvoluntarius  demon" 
[or  dement]  "  he  hath,  as  bath  been  said,  no 
privilege  thereby ;  but  what  hurt  or  ill  soever 
be  doth,  hisdruukenness  doth  aggravate  it."  Co. 
Iittl.  347,  &c.  See  too,  Purchase's  Case,  a.  »• 
17 10,  infra. 


Wl )         STATE  TRIALS,  $0  Champs  II.  107S.— Trial  e/  Lord,  Cornwall*,        [I&3 

hand  not  drawn,  and-  then  was  pleased  to  tome 
to  the  centinel,  and  desired  to  kite  him,  and 
swore  he  would  do  that :  hat  that  the  cenCind 
did  equally  refuse ;  and  then  the?  did  use  the 
same  threatnings  again  and  seemed  to  be  in  a 
contention  who  should  run  him  through.  My 
Lords,  after  some  time,  being  now  come  to  the 
top  of  the  stairs,  and  there  staying,  it  happened 
there  came  to  the  stair-foot  two  youths,  and 
these  young  men  were,  it  seems,  going  to  bed  in 
their  lodging,  which  was  very  near,  and  did 
make  it  their  request  to  the  centinel  (one  of 
them  did)  to  call  him  up  very  early  the  next 
morning,  because  he  was  to  go  of  a  message  out 
of  the  town.  My  Lord  Cornwaliis  and  Mr. 
Oerrard  remaining  on  the  top  of  the  stair-case, 
being  (as  we  said)  in  disorder  (which  is  the 
strength  of  the  king's  evideuce,  if  proved) 
both  of  them  said,  before  they  went  thence 
they  would  kill  some  or  other,  which  evidence 
will  go  a  great  way  to  shew  the  concern  that 
noble  Lord  the  prisoner  at  the  bar,  bad  in  the 
business. 

It  happened  as  these  boys  were  making  their 
request  to  the  ceutiuel,  my  Lord  and  Mr.  Oer- 
rard took  notice  of  it,  and  seemed  to  be  con* 
earned  that  they  should  command  the  king's 
soldiers,  and  bid  the  centinel  shoot  him,  who 
told  them  he  conceived  the  boy  had  done  him 
no  wrong  in  asking  a  civil  kindness  from  him ; 
they  again  called  to  shoot  him,  and  they  would 
bear  him  out;  which  be  still  refased  to  do,  find- 
ing no  reason  for  it :  then  one  of  the  two  took 
occasion  to  swear  a  great  oath, '  he  would  kick 
his  Arse  to  Hell  ;c  to  which  the  boy  that  a&ked 
the  centinel  made  some  reply ;  wherein  the 
word  *  Arse'  was  repeated :  (Now  whether  thev 
understood  it  as  an  interrogation,  *  why  kick 
my  Arse  to  Hell  ?'  as  he  intended  it;  or  in  a 
worse  sense, '  kiss  my  Arse')  one  of  the  gentle- 
men in  a  rage  came  running  down  the  stairs, 
and  that  boy  that  in  troth  spoke  the  word  ran 
away*,  and  the  other  poor  ionooent  boy,  trusting 
m  his  own  innocency,  remained  there  until  the 
person  came  to  him,  and  did  on  his  knees  (in  a 
manner)  desire  not  to  be  mistaken,  he  was  not 
4lie  person  that  used  any  ill  words,  and  cryed 
out,  O  my  Lord,  it  was  not  I ;  indeed,  my  Lord 
irwas  hot  I  \  but  such  at  that  time,  was  the 
intemperance  and  wrath  of  the  person,  who  m 
each  a  fury  descended  the  stain,  that  (whether 
with  the  blow  or  with  the  mil)  the  boy  received 
his  death.  We  find  by'  our  information  of  the 
evidence,  that  he  who  dM  tine  thing  "as  «  truth 
Mr.  Ovrrard*  "ho  is  not  yet  ta>«> >  but  whe- 
ther my  torJ,  *be  prisoner  at  the  °«>  <*«*  apt 
concur  in  it,  and  had  not  an  intents  *>  kill 
somebody,  is  the  question  left  for  your  j8»c« 
and  these  noble  peers  to  decide.  This  if  *ne 
nature  of  the  fact;  only  I  desire  to  observry 
that  it  is  true  here  was  'some  distance  between 
the  place  where  my  Lord  Cornwaliis  stood,  and 
the  place  where  the  boy  was  killed.  Of  what 
consequence  that  may  be,  I  leave  to  your 
grace's  and  these  noble  lords  consideration  :  It 
was  the  distance  of  the  stairs ;  but  I  think,  as 
every  one  kuows,  they  are  not  to  many,  but 

1 


what  is  done  below  may  be  easily  seen  at 

top. 

We  shall  now,  without  detaining  year  loreV 
ships  any  longer,  calk  the  witnesses,  and  prows) 
what  bath  been  opened. 

The  Soldier  proved  the  met,  as  it  was  open-* 
ed  by  Mr.  Attorney  General,  except  that  part 
about  both  swearing  they  would  kill  one  or 
other,  which  passage  was  heard  bat  by  one  of 
them,  and  spoken  hut  by  one  of  the  gentlemen. 

They  could  not  swear  who  were  the  persons, 
because  of  the  darkness  of  the  time. 

The  Boy  who  was  the  companion  of  him  that 
was  slain,  and  that  used  the  words  that  causae? 
the  person  to  come  down,  swore  them  to  be  st 
repetition  only  by  way  of  interrogation,  *  why 
kick  my  Arse  to  Hell  r? 

Then  Mr.  Attorney  desired  to  call  ray  Lore! 
Cornwaliis'*  own  two  footmen,  who  had  been? 
indicted  and  acquitted  at  the  kingVbcnch-bar. 

L.  H.  Stewurd.  My  Lords  the  judges,  is  tiiere 
any  question,  whether  a  person  acquitted  of  an 
oftence  be  a  good  witness  against  another 
charged  with  the  same  ofieooe  ?    ' 

Judges.  None  at  all ?  when  he  it  acquitted 
he  ought  to  be  admitted. 

Then  the  copy  of  the  acquittal  (proved  by  si 
clerk  in  the  crown-office)  was  read,  and  thess 
were  sworn ;  who  fixed  it  apon  the  person  of 
Mr.  Oerrard,  and  swore  that  my  lord  Com*. 
wallis  was  all  the  while  upon  the  top  of  the) 
stairs,  but  after  the  fact  committed  hasted 
away  for  fear  of  being  knocked  down  by  the) 
soldiers :  ami  there  ended  the  king's  evidence. 

X.  H.  Slew.  Now,  my  lord,  is  the  tamer 
come  for  your  defence.  You  hear  what  is) 
charged  on  you.  Pray  speak  what  yon  have  to 
say  tor  yourself. 

Then  the  Prisoner  at  the  bar  confessed  brm> 
self  to  have  been  in  the  company  that  night, 
when  this  accident  happened,  which  he  hoped 
would  be  a  warning  to  him  to  shun  seen  dis- 
orders hereafter ;  but  thst  he  had  no  evil  in- 
tention, and  but  one  witness  swore  that  both  of. 
them  would  have  killed  the  centinel ;  that  he 
was  not  conscious  to  himself,  to  have  had  % 
hand  in,  and  therefore  withdrew  not  himself  it, 
but  yielded  himself  to  the  coroner  the  nest 
day,  (which  he  proved  by  the  coroner  himself) 
and  did  therefore,  in  trust  of  his  iuooceney, 
submit  himself  to  the  judgment  ef  his  grace  end 
his  peers. — Which  being  done, 

Sir  Francit  Winmngton,  the  king's  Solicitor 
General,  summed*  up  the  evidence  in  -this 
manner: 

May  it  please  your  grace,  my  Lord  High) 
Steward  of  England,  and  my  noble  lords  tftsa 
peers  of  the  prisoner  at  the  bar :  According  to 
the  duty  of  my  place  I  am  to  repeat  the  king's 
evidence,  and  state  it  to  yoor  grace  and  tbeao 
noble  lords,  and  submit  it  to  your  great  judg- 
ments, how  for  it  will  go  for  the  proof  of  toss 
crime ;  wherein  I  shaH  observe  the  duty  of  aU 
honest  men,  which  is  to  do  nothing  either  to 
wrest  any  thing  in  ^disadvantage  of  the  prisoner 
oat  of  the  kind's  evidence,  to  go  fofther  than,  it 


US] 


STATE  TMALS,  SOChaiUsD,  147&.^tf*ftV»v 


o«get»aor  shall  sunk-nay  thing  that  stall  re- 
quire your  grace  and  the  noble  lords'  justice; 
mr  we  come  to  seek  out  the  troth,  and  we  ques- 
tion art  but  by  this  honourable  trial  it  will  ha 
brought  to  tight.  Bat  I  beseech  your  favour  to 
take  aotice,  in  the  first  place,  what  crime  this 
aehle  lord  stands  accused  of^  and  it  is  Jar  mur- 
der; wherein  oar  law  takes  notice,  that  murder 
is  where  a  man  unlawfully  kills  another  under 
ttekiiigVpeace^  with  malice  forethought  Now 
that  hare  is  a  marder  committed,  I  dare  with  all 
asoaJky  aver.  By  whom  ?  that  is  the  question : 
For  this  Robert  Clerk,  the  person  killed,  doth 
appear,  by  the  course  of  the  evidence,  to  have 
hasa  doing  bis  duty,  attending  the  plaoe  his 
esq  do  jaunt  required;  gave  no  offence  to  any 
whatsoever;  bat  when  the  parson  came  down 
sad  fell  upon  bam,  the  poor  youth  cried,  '  In- 
4  deed,  my  lord,  it  was  not  1;'  yet,  my  lords, 
the  hands  of  violence  seized  him,  and  killed  him. 
Let  as  then  see  bow  the  evidence  brings  it  home 
is  the  nobta  lord,  the  prisoner  at  the  bar ; 
wherein  I  most  confess  we  have  no  express  evi- 
dence (nay*  we  have  evidence  to  the  contrary) 
that  it  was  not  his  hand  that  did  the  fact  ac- 
taeuy;  for  it  is  by  two  witnesses*  the  footmen, 
sworn  that  it  was  Mr.  Gerrard  who  came  down 
and  gave  the  unfortunate  blow  •  but  we  have 
that  which,  we  think,  with  humble  submission, 
any  reach  this  noble  lord :  Far  I  know  your 
mast  and  my  lords  remember,  that  after  they 
had  been  an  boor  in  the  park;  both  returning, 
did  with  horrid  oaths  swear  they  would  kill  the 
omtmel ;  there  the  evidence  fixeth  it,  not  upon 
snewaty,  bat  upon  both :  it  was  at  that  time 
so  dark  they  coald  wot  be  distinguished,  but  by 
the  voice  :  The  centinel  hath  given  yon  an  ao 
coast  how  be  performed  his  duty,  and  in  what 
strait  he  was,  he  had  much  ado  to  save  his  own 
km,  or  to  prevent  kitting  them :  But  when  they 
came  upon  the  stairs,  these  two  boys  came 
there  in  order  to  desire  the  centinel  to  call  one 
of  then  the  next  moraine.  Then  one  on  the 
stairs  (no  man  can  tell  who  k  was)  with  horrid 
execrations,  asked,  Will  you  command  die  king's 
ssUiers?  Shoot  bmi,  centinel,  we  will  bear  von 
eat.  Bnt  all  this  while  it  was  dusk,  no  distinc- 
tion of  persons  could  be  made ;  whereupon  it 
nil  fall  oot  to  come  to  this  case,  If  several  per- 
sons intend  to  kill  one,  and  happen  to  kill  ano- 
ther, whether  this  be  not  murder  in  them  ?  For 
the  urging  of  this,  as  to  the  matter  in  law,  I 
leave  to  him  that  comes  after  me.  The  centi- 
nel swears  one  of  them  did  swear  be  would  kill 
one  or  other  ;  who  it  was  took  up  that  cruel 
resvmtion,  is  left  to  you  to  judge :  but  at  that 
time  they  were  both  together  upon  the  top  of 
the  stairs ;  and  my  lord  doth  not  seem  to  give 
one  tittle  of  evidence,  that  shews  any  endear- 
wjers  of  the  prisoner  at  the  bar  to  prevent  the 
other,  or  disprove  of  bis  actions:  If  he  had 
given  an  account  of  that,  be  had  silenced  jus- 
nee  ;  bnt  when  they  were  all  together;  he  oot 
eadenvoorine  to  stop  bis  hand,  it  is  as  much  in 
for  as  if  he  had  struck  the  stroke. 

The  other  soldiers  give  you  a  particular  ac- 
asnnt  to  the  same  purpose. 


[1M 

Thotwe  last  witnesses  do  bring  it  to  At  per* 
son  of  my  lord,  lbs  prisoner  at  the  bar,  and  Mr. 
Garrard,  who,  they  swore,  came  down  the, 
stairs,  and  his  man  followed  him  la  the  bottom^ 
and  there  staid  at  some  distance  till  the  fact 
was  dona,  and  they  all  fled. 

This  I  take  to  be  the  matter  of  fact  fajth- 
mlly  proved  before  your  grace,  and  the  Lords' 
the  peers ;  and  I  would  not  trouble  your  grace 
longer,  because  I  would  not  misreport  any 
thing,  whereby  I  might  do  wrong,  either  to  the 
prisoner  or  the  kiogfs  cause;  and  because  I 
know  your  grace  and  the  noble  lords  will  dist- 
tioguish  and  hod  out  where  the  truth  is.  1 
most  say,  it  is  a  great  comfort  to  all  the  sab* 
jects  of  Eogland,  that  crimes  of  this  nature  are 
so  carefully  presented,  that  whatsoever  ho* 
oours  and  dignities  our  gracious  sovereign  doth 
confer  on  any  person,  it  doth  not  exempt  him 
from  the  justice  of  the  law :  it  is  not  only  a 
comfort  to  this  assembly,  but  to  the  whole 
nation,  to  see  the  king  tender  of  his  subjects 
persons  and  lives,  in  that  he  hath  caused  tins 
strict  course  to  be  taken,  where  the  enquiry 
hath  gone  from  the  grand  jury  of  the  county, 
until  the  bill  came  to  this 'great  tribunal; 
where  I  doubt  not  but  your  grace,  and  these 
noble  lords,  will  give  a  righteous  and  just 
judgment. 

Serjeant  Maynard.  May  it  please  your  grace, 
my  Lord  High  Steward  of  England,  •  and  my 
noble  lords  the  Peers : 

I,  according  to  the  duty  of  my  place,  come 
now  to  conclude  the  charge  on  the  king's  he- 
half.  Some  things  are  fit  to  be  observed  upon 
the  evidence,  that  may  produce  a  question  fur 
the  decision  of  the  fact,  of  what  nature  it  is. 
That  a  murder  is  committed,  is  upon  evidence 
without  all  question  ;  and  not  only  the  death  of 
a  man,  here  is  a  child  slain  without  any  provo- 
cation in  the  world  given  by  him  to  that  per- 
son that  did  it ;  and  that  did  it  too,  notwith- 
standing the  deprecations  of  the  boy,  affirming 
his  own  innoeency,  and  that  with  as  full  cir- 
cumstances as  a  Christian  almost  could  a  thing : 
these  come  from  the  king's  palace-walk  in  the 
park ;  call  the  centinel  rogue,  and  when  he 
doth  his  duty,  swear  to  murder  him ;  with 
oaths  that  a  Christian  would  blush  at,  and  be 
afraid  to  hear :  God  damme  oftentimes  reite- 
rated ;  and  he  that  saith  that  word,  doth  beg 
of  God  to  hate  him,  and  affirm  that  ha  doth 
hate  God.'  The  obscenity  that  they  used  I 
shall  not  mention  again.  These  are  the  cir- 
cumstances of  the  case ;  that  all  were  guilty 
of  much,  is  no  doubt ;  but  who  of  the  mur- 
der, is  the  question.  And  I  humbly  conceive, 
it  is  manifest,  that  this  noble  lord  was. con- 
cerned in  it.  For  it  is  not  requisite  to  make  a 
murder,  that  he  who  kills  a  man  hath  conceived 
a  malice  against  him ;  for  if  I  have  a  malice 
against  any  man,  and  the  enact  of  that  fall 
upon  another,  it  is  murder. 

I  apply  it  thus :  if  it  be  a  murder  in  Mr. 
Gerrard,  if  this  noble  lord  partake  with  him  in 
the  design  which  made  it  so ;  to  wit,  the 
malice  against  the  centinel  t  he  is  as  guilty,  as 


IMJ        ST  ATE  TRIALS,  30  Charles  II.  )  (PS. —Trial  qf  Lord  CornwaUis,       (150 

if  hit  bind  lad  been  as  much*  upon  him  as 
.wv  Mr.  Gerrard't ;  as  in  that  known  case  of 
the  man  that  poisoned  an  appje  with  an  in* 
tent  to  kill  his  wife,  and  she  not  knowing  of 
the  poison,  gave  some  of  it  to  her  child,  of 
which  it  died  ;  though  he  had  no  design  to  kill 
the  child,  yet  the  malice  he  conceived  against 
his   wife  supplied  the  defect  of  an  express 
malice  to  make  it  murder ;  and  he  was  hanged 
therefore.  So  if  «  man  assault  a  master,  in  the 
presence  of  bis  servant,  who  defends  bis  master, 
and  is  slain,  though  the  other  had  no  purpose 
to  kill  him,  yet  it  is  felony  in  hiin,  for  which, he 
shall  die;  the  law  implying  a  malice.    Then 
here  was  clearly  a  malice  to  the  centinel ;  how 
sear  it  comes  to  the  boy  will  come  in  question 
afterwards.    I  find  the  objection  made  in,  my 
lord's  case,  that  at  the  particular  time  where 
.the  fact  was  committed,  my  lord  was  not  with 
Mr.  Oerrard  :  but  that  will  be  no  objection  in 
<the  case ;  for  if  he  did  partake  in  the  design  of 
the  other,  I  will  answer  it  with  the  case  of  my 
lord  Dacresf  of  the  South,  who,  with  some 
others,  went  unlawfully  to  steal  deer,  and  the 
keeper  coming,  some  fled,  among  whom  my 
lord  was  one :  the  keeper  was  killed,  my  lord 
Dacres  being  at  that  time  without  the  pales,  a 
mile  off  from  the  place,  and  yet  wns  found 
guilty  of  the  murder,  and  lost  both  his  lands 
and  life  for  it.    But  here,  my  lord  Cornwallis 
•was  presentyfor  the  witness  swears  the  distance 
was  not  so  great   but  it  might  be  discerned. 
Now  whether  he  was  aiding  or  assisting,  is  the 
next  tiling  in  question.    What  occasion  had 
they  of  malice,  revenge,  or  injury  to  the  cen- 
tinel? They  both  swore  they  would  kill  him: 
had  there  been  any  excuse  for  the  other,  if  one 
of  them  had  killed  the  centinel  ?  That  could 
not  be.  Well,  they  did  not  kill  the  centinel, 
but  at  the  same  time  take  up  a  causeless  offence 
.  against  another,  and  kill  him.    I  argue,  that 
the  malice  against  die  soldier  was  diffusive  to 
the  boy ;  and  one  of  the  witnesses  proves,  that 
one  of  them  swore  he  would  kill  somebody : 
now,  no  one  speaks  to  any  thing  of  my  lord's 
reproving  Mr.  Gerrard.    Thus  stands  the  case 
before  your  grace  and  my  lords :  it  is  a  case  of 
blood,  and  it  cries  loud  :'bow  far  this  noble 
lord  and  prisoner  at  the  bar  is  guilty  thereof, 
you  are  to  enquire,  and  without  all  doubt  will 
give  a  clear  verdict,  according  to  justice  and 
honour. 

L.  H.  Staoard.  My  lords,  you  have  heard 
the  evidence;  if  your  lordships  please  to  go 
and  consider  of  it,  you  may. 

Then  the  prisoner  withdrew  into  his  own 
apartment,  with  the  lieutenant  of  the  Tower. 
The  lords  went  into  a  room  behind  the  court 
of  Chancery,  and  after  a  stay  of  two  hours  re- 
turned ;  and  being  all  sat,  the  earl  of  Danby, 
Lard  High  Treasurer  of  England,  who  was  the 
first  of  the  jury,  addressed  himself  to  my  Lord 
High  Steward,  and  said : 

Earl  of  Danby.    My  Lord  High  Steward, 

*  Sanders's  Case  in  Plowden,  fol.  473. 
f  Anno  33  H.  8,  Coke,  3  Inst.  fol.  211. 


there  is  a  question  in  law,  of  which  some  of 
my  lords  desire  to  receive  satisfaction  before 
they  can  give  in  their  full  verdict ;  and  we  de- 
sire to  know  of  your  grace,  whether  it  be  pro- 
per here  'to  ask, the  question  of  your  grace,  or 
to  propose  it  to  the  judges. 

L.  a.  St  etc.  If  your  lordships  doubt  of  any 
thiug,  whereon  a  question  in  law  ariseth,  the 
latter  opinion,  and  the  better  for  the  prisoner 
is,  that  it  must  be  stated  in  the  presence  of  the 
prisoner,  that  he  may  know  whether  the  ques- 
tion be  truly  put.*  It  hath  sometimes  been 
practised  otherwise ;  and  the  peers  have  sent 
for  the  judges,  and  have  asked  their  opinion  in 
private,  and  have  come  back,  and  given  their 
verdict,  according  to  that  opinion ;  and  there 
is  scarce  a  precedent  of  its  being  otherwise 
done,  but  there  is  a  latter  authority  in  print, 
that  doth  settle  the  point  so  as  I  tell  you;  and 
I  do  conceive  it  ought  to  be  followed ;  and  it 
being  safer  for  the  prisoner,  my  humble  opinion 
to  your  lordship  is,  that  ho  ought  to  be  present 
at  the  stating*  of  the  question. 

Call  the  prisoner  to  the  bar.    Who  being 
come,  my  lord  spake  thus  to  him : 

L,  H.  Stew.  My  lord  Cornwallis,  My  lords 
the  peers,  since  they  have  withdrawn,  have 
conceived  a  doubt,  in  some  matter  of  law- 
arising  upon  the  matter  of  fact  in  your  case  ; 
and  they  have  that  tender  regard  of  a  prisoner 
at  the  bar,  that  they  will  not  suffer  a  case  to  be 
put  up  in  his  absence,  lest  it  should  chance  to 
prejudice  him,  by  being  wrong  stated ;  there- 
fore, your  lordship  will  do  well  to  attend  the 
question  that  is  raised ;  and,  my  lords,  will  you 
please  to  propound  your  doubts? 

Earl  of  Danby.    It  was  taken  notice  of  here, 
that  by  opening  the  matter  by  Mr.  Solicitor, 

*  3  Coke's  Inst.  fol.  429.  Pasch.  26  Hen.  3, 
Lard  Dacres't  Case. 

f  It  must  certainly  be  in  the  presence  of 
the  prisoner,  if  you  ask  the  judges'  opinion. 
By  lord  Somers,  Lord  High  Steward,  in  lord 
Warwick's  Case,  a.  d.  1699,  infra.    So  also  in 
lord  Stafford's  Case,  a.  d.  1680,  infra.     Lord 
Finch  (the  Lord  High  Steward)  says,  "  My 
Lords  have  directed  that  all  the  judges  that 
assist  them,  and  are  here  in  your  lordships,* 
presence  and  hearing,  thould  deliver  their  opi- 
nions/'&c.  So  in  Sacheverel's  Case,  a.  d.  17  lO, 
infra,   the  Lords  resolve,  on  debate,  that  % 
question  should  be  put  to  the  judges  in  the 
court  below,  where  accordingly  it  was  put  aud 
answered.    But  in  Hastings's  Case,  a.d.  1787, 
infra,   the  questions  were  proposed   to    the 
judges  and  answered  by  them,  not  in  West- 
minster-hall in  the  presence  of  the  parties,  but 
in  the  House  of  Lords,  with  the  doors  shut. 
Upon  this  subject,  see  the  Report  of  a  Com- 
mittee of  the  House  of  Commons,  April  30th, 
1794,  under  the  heads  "  Mode  of  putting  the 
Questions,"  and   "  Publicity  of  the  Judges* 
Opinions."    See  also  the  Protest  of  June  89, 
1789.    Io  lord  Delamere's  Case,  a.  d.   1686. 
infra,   the    judges    were  interrogated     ana 
made  answer  in  open  court* 


B71 


STATE  TRIALS,  30  Charles  II.  )Mi.—Jbr  Murder. 


[US 


ibe  matter  of  murder  was  explained  to  be 
meant  by  baring  a  prepensed  malic*,  and  in 
that  case  it  was  opened  to  as,  that  any  persons 
then  present,  ana  that  had  in  any  sort  con- 
tributed to  the  disorders,  they  were  as  eoually 
goilty,  as  they  whose  hand  had  shed  the  blood 
if  the  person  killed. 

Now  the  doubt  of  some  of  my  lords  is,  whe- 
ther if  it  be  found  but  man-slaughter,  those  are 
equally  gniltj  (that  are  present,  and  have 
proved  to  contribute  to  the  disturbance)  of 
that  crime,  as  tbey  are  in  murder;  because 
some  of  them  bare  not  the  satisfaction  that 
they  are  the  sarne. 

L.  H.  Steward.  My  lords  the  judges,  I  take 
it,  the  doubt  proposed  to  you,  is  this;  Whether 
or  na,  those  that  are  present,  and  have  conci- 
liated to  the  disorders,  whereby  such  an  acci- 
dent doth  ensue,  as  proves  to  be  manslaughter, 
be  as  culpable,  as  be  that  doth  the  immediate 
&ct,  as  it  is  in  the  case  of  murder? 

After  a  little  pause  and  conference,  the 
Judges  returned  this  answer : 

Jmdget.  We  have  bad  conference  of  this  case, 
and  ear  humble  opinion  is,  If  sundry  persons 
be  together,  aiding  and  assisting  to  an  action, 
wherein  a  manslaughter  doth  ensue,  as  in  case 
of  a  sadden  business  without  malice  prepensed, 
they  are  equally  guilty  of  the  manslaughter,  as 
they  are  in  the  case  of  murder  prepensed.* 

Earl  of  Danby.  The  Lords  desire  to  with- 
draw once  more.  Which  they  did,  and  after  a 
short  space  returned ;  and  being  called  over, 
answered  to  their  names ;  and  all  appearing, 
my  Lord  High  Steward  took  their  verdict 
tcrwtaiy  beginning  at  the  puisne  lord  in  the 
following  order,  they  answering,  standing  bare, 
with  their  bands  on  their  breasts. 

L.  H.  Steward.  My  lord  Durat,  Is  Charles 
lord  Cornwallis  guilty  of  the  felony  and  murder 
whereof  he  stands  indicted,  or  not  guilty  ? 

Lord  Dvras.    Not  guilty. 

The  same  question  he  demanded  of  each ; 
who  answered  thus : 

Lord  Butler,  Not  guilty. 

,  Not  guilty. 

Mayoard,  Not  guilty  of  murder,  but  guilty 
of  manslaughter. 

Paget,  Not  guilty. 

BerkJy,  Not  guilty  of  murder,  but  guilty  of 
manslaughter. 

*  See  East's  Pleas  of  the  Crown,  c,  5,  9.  4, 
s.  118. 


Newport,  Not  guilty. 
Halli&x,  Not  guilty. 
Viscouot  Cambden,  Not  guilty.     , 
Guilford,  Not  guilty. 

Ailsbury,  Not  guilty  of  murder!  but  guilty 
of  manslaughter. 
Craven,  Not  guilty. 
Bath,  Not  guilty. 
Clarendon,  Not  guilty.. 
Sunderland,  Not  guilty. 
Peterborough,  Not  guilty. 
Devonshire,  Not  guilty. 
Northampton,  Not  guilty* 
Bridgwater,  Not  guilty. 
Dorset,  Not  guilty. 
Suffolk,  Not  guilty. 
Bedford,  Not  guilty. 
Derby,  Not  guilty. 
Kent,  Not  guilty. 
Oxford,  Not  guilty. 
Arlington,  Not  guilty. 
Brereton,  Not  guilty; 

Lindsey,  Not  guilty  of  murder,  hut  of  man; 
slaughter. 

Dorchester,  Not  guilty. 

Anglesey,  Not  gudty  of  murder,  but  of  man- 
slaughter. 

Danby,  Not  guilty  of  murder,  but  of  man* 
slaughter. 

lord  High  Steward.  Call  the  prisoner  to  the 
bar. 

Then  the  prisoner  came  to  the  bar,  and  the 
deputy  lieutenant  of  the  Tower  held  the  edge 
of  the  ax  towards  him,  while  my  Lord  High 
Steward  spake  thus  unto  him ; 

X.  H.  Steward.  My  Lord  Cornwallis,  you 
have  been  indicted  for  murder,  pleaded  Not 
Guilty,  put  yourself  upon  your  peers;  and 
your  peers  upon  consideration  of  the  whoJe 
matter  have  acquitted  you,  and  found  you  Not 
Guilty,  so*  you  are  to  be  discharged. 

Cl.Cr.  Make  proclamation, 

Serjeant.  O  Yes  !  My  Lord  High  Steward 
of  England  willeth  and  commandeth  all  persons 
to  depart  hence,  in  God's  peace,  and  the  king's, 
for  my  lord  high  steward  of  England  his  grace 
doth  dissolve  this  commission.  God  save  the 
King. 

At  which  words  my  Lord  High  Steward  hold- 
ing the  white  staff  (which  was  delivered  him  by 
the  usher  of  the  black  rod  on  his  knees)  in  both 
hands  over  his  head,  snapt  it  *  in  two,  and  the 
assembly  {>roke  un. 


120]  STATE  THLIXS>  Si  Ghaiuu  H>  lW*<~Trialqf  Green,  faty,  and  HUl,  £100 


947.  The  Trial  of  Robert  Green,  Henry  Berry,  and  Lawrence 
Hill,*  at  the  KingVBeach,  for  the  Murder  of  Sir  Edmuud- 

bury  Godfrey  :  31  Charles  II.  a.  d.  1679. 

» ■  •        < 

lice  aforethought,  were  present,  aiding,  abet- 
ting, comforting  and  maintaining  the  aforesaid 
Robert  Oreeo,  cbe  aforesaid  sir  EdoMindoary 
Godfrey  in  manner  and  form  aforesaid,  felo- 
niously, voluntarily,  and  of  Ins  maJice  afore- 
thought, to  kill  and  murder ;  and  so  you  the 
said  Robert  Green,  Henry  Berry,  and  Law- 
rence Hill,  together  with  the  said  ■  Gi- 


ON  Wednesday  the  5th  of  February,  1679, 
Robert  Green,  Henry  Berry,  and  Lawrence 
Hill,  were  brought  from  his  majesty's  gaol  of 
Newgate,  to  the  bar  of  the  court  of  Sing's- 
bencb,  to  be  arraigned  for  the  murder  of  sir 
Edmundbury  Godfrey,  upon  an  Indictment 
found  by  the  grand  jury  for  the  county  of  Mid- 
dlesex, on  Monday  the  morrow  of  the  Purifica- 
tion of  the  Blessed  Virgin  Mary ;  and  the 
court  proceeded  thus : 

Mr.  Justice  Wild  arraigned  the  prisoners. 

.     Clerk  of  the  Crown.   Robert  Green,  hold  up 

thy  hand ;   Henry  Berry,  hold  up  thy  hand ; 

Lawrence  Hill,  hold  up  thy  hand.     Which 

they  severally  did. 

You  stand  indicted  by  the  names  of  Robert 
Green,  late  of  the  parish  of  St.  Mary  le  Strand, 
in  the  county  of  Middlesex,  labourer;  Henry 
Berry,  late  of  the  same  parish  and  county,  la- 
hoarer ;  and  Lawrence  Hill,  late  of  the  same 
pariah  and  county,  labourer;  for  that  you  three, 
together  with  ■  Gkald,  late  of  the  same 

parish  and  county,  clerk;  Dominick  Kelly, 
late  of  the  same  parish  and  county,  clerk ;  and 
Phillibert  Vernatt,  late  of  the  same  parish  and 
county,  labourer,  who  are  withdrawn :  not 
having  the  fear  df  God  before  your  eyes,  but 
feeing  moved  and  seduced  by  the  instigation  of 
the  devil,  the  IStfe  day  of  October,  in  the 
thirtieth  year  of  the  reign  of  our  sovereign 
lord  Charles  the  tecond,  by  the  grace  of  God, 
of  England,  Scotland,  France  and  Ireland, 
kio&  defender  of  the  faith,  &c.  at  the  parish  of 
St.  Mary  le  Strand  aforesaid,  in  and  upon  ut 
JEdmundburv  Godfrey,  knight,  in  the  peace  of 
Gqd,  and  of  our  said  sovereign  lord  the  king, 
'then  and  there  being,  feloniously,  voluntarily 
and  of  your  malice  aforethought,  did  make  ao 
assault;  and  that  thou  the  aforesaid  Robert 
Green,  a  certain  linen  handkerchief  of  the 
value  of  six-pence,  about  the  neck  of  the  said 
air  E.  Godfrey,  then  and  there  feloniously,  wil- 
,  fully,  and  of  thy  malice  aforethought,  didst  fold 
and  fasten;  and  that  thou  the  said  Robert 
Green,  with  the  handkerchief  aforesaid,  by 
thee  the  said  Robert  Green  in  and  about  the 
neck  of  the  said  sir  Edmundbury  Godfrey,  in 
•nanner  and  form  aforesaid,  folded  and  fast- 
ened, then  and  there  him  the  said  sir  Edmund- 
bury  Godfrey  didst  choke  and  strangle,  of 
which  said  choking  and  strangling  of  him  the 
•aid  sir  Edmundbury  Godfrey,  in  manner  and 
form  aforesaid,  be  the  said  sir  Edmundbury  God- 
frey then  and  ^here  instantly  died :  and  that 
you  the  said  Henry  Berry  and  Lawrence  Hill, 
together  with  the  said  — —  Girald,  Domi- 


nick Kelly,  and  Phillibert  Vernatt,  then  and 
there  feloniously,  voluntarily,  and  of  your  ma- 

•  See  the  Introduction  to  the  Trials  for  the 
Popish  Plot,  vol.  6,  p.  1494. 


raid,  Pomioick  Kelly,  and  Phillibert  Vernatt, 
in  manner  and  form  aforesaid,  the  aforesaid 
sir  Edmundbury  Godfrey,  feloniously,  wilfully, 
and  of  your  malice  aforethought,  did  kilt  and 
murder,  against  the  peace  of  our  sovereign  lord 
the  king,  his  crown  and  dignity. 

How  sayest  thou,  Robert  Green,  art  thou 
Guilty  of  this  felony  aud  murder  whereof  thou 
standest  indicted,  and  hast  been  now  arraigned, 
or  Not  Guilty?  v 

Green.  Not  Guilty. 

CI.  of  the  Cr.  Culprit,  now  wilt  thou  be  tried  r 

Green.  By  God  and  my  country. 

€1.  of  the  Cr.  God  send  thee  a  good  deliver- 
ance. How  sayest  thou,  Henry  Berry,  art 
thou  Guilty  of  the  felony  and  morder  whereof 
tbou  standest  indicted,  and  hast  been  now  ar- 
raigned, or  Not  Guilty  ? 

Berry.  Not  Guilty. 

CI.  eft  he  Cr.  Culprit,  how  wilt  thou  be  tried  ? 

Berry.  By  God  and  my  country. 

CI.  of  the  Cr.  God  send  thee  a  good  deliver- 
ance. How  sayest  thoa,  Lawrence  Hill,  art 
thou  Guilty  of  .the  felony  and  murder  whereof 
thou  standest  indicted,  and  hast  been  arraigned, 
or  Not  Guilty?  ^ 

BUL  Not  Guilty. 

Ci.  of  the  Cr.  Culprit,  bow  wilt  thou  betried  ? 

Hill.  By  God  and  my  country. 

CI.  of  the  Cr.  God  send  thee  a  good  deli- 
verance. 

Capt.  Richardson.  I  desire  to  know  when 
they  must  be  brought  up  to  be  tried  I 

Mr.  Just.  Wild.  Upon  Friday  next. 

CI.  of  the  Cr.  You  shall  have  a  rule  to  bring 
them  up  on  Friday. 

But  on  Thursday,  the  6th  of  February,  Mr. 
Attorney-General  moved  the  court  that  it  might 
be  deferred  till  Monday,  that  the  king's  evi- 
dence might  be  tbe  more  ready ;  which  was 
granted  accordingly. 

On  Monday  the  10th  of  February,  1679,  the 
said  Robert  Green,  Henry  Berry,  and  Law- 
rence Hill,  were  brought  again  to  the  bar  for 
their  trial,  which  proceeded  as  followed*. 

CLqfthe  Cr.  Make  Proclamation. 

Crier.  G  Yes ! 

CI.  of  the  Cr.  Again,  again. 

Crier.  O  Yes,  0  Yes  T  our  sovereign  lord 
the  king  doth  straightly  charge  and  command 
all  manner  of  persona  to  keep  silence  upon. 
pain  of  imprisonment* 


161]  SCAl£4rBtAt4  *H3uiUtIL  -m9^J* *k Muricrqf  B*E/€h4frQ.  [,©* 


CLfik*  Cr.  Hake  an  O  Yet. 
4>ieA  O  Yesl  if  any  one  eaq  inform  our 
Mrejp  lord  tbe  king,  the  king 's  serjeaut  at 
ir,  aW  king**  attorney-general,  or  ibis  inquest 
co  be  taken  of  the  felony  and  murder 
wsarcaf  Robert  Green,  Henry  Berry,  and  Lew- 
BiaV  «***  nnsaners  at  tbe  bar,  stand  in- 
let them  came  forth  and  they  shall  he 
for  now  the  prisoner*  Maud  at  the  bar 
their  delivery.  And  all  others  that  are 
'  h>  recognisance  to  five  evidence  against 
me  at  the  bar,  let  them  come  forth 
aed  give  their,  evidence,  or.. else  they  forfeit 
tpssr  rncngntnance* 

.  CL*j  U*Cr.  Robert  Green,  bold  up  thy 
sand;  Heavy  Berry,  hold  up  thy  band :  Law- 
■sues  Hill,  bold  op  thy  hand.  Which  they 
severally  did. 

Those  £pod  man  that  you  shall  bear  called, 
and  personall y  appear,  are  to  pass  between  our 
stvr  reign  lord  the  king  and  you,  upon  trial  of 
jeer  several  lives. and  deaths:  if  therefore  you, 
or  any  of  yoa,  will  challenge  then,  or  any  of 
them,  your  time  is  to  speak  unto  them  when 
they  eoeae  to  the  book  to  he  sworn,  and  before 
tbry  are  jsworn.    Crier,  make  an  O  Yes. 

Critr.  O  .Yet ;  you  good  men  that  are  im- 
fajiiiifli  il  to  enquire  between  our  sovereign  lord 
fee  king  and  Robert  Green,  Henry  Berry,  and 
Lawrence  Hill,the  prisoners  at  the  bar,  answer 
le  your  tisanes,  and  save  your  issues. 
CL  <ftk£  Cr.  Sir  William  Roberts. 
Xjrimr.  Vous  aves,  Sir  William  Roberts. 
CLtftkeCr.  Sir  William  Robert*  to  the 


Critr.  SirWiluam  Roberts,  look  upon  the 
Nseoers :  you  prisoners  look  upon  the  jury. 
Yoa  shall  w/eU  and  truly  try,  and  true  deliver- 
ance snake,  between  our  sovereign  lord  the 
kae  and  the  prisoners  at  the  bar,  whom  you 
shell  have  in  charge,  end  a  true  verdict  give 
aneerdiog  to  your  evidence.  So  help  you  God. 

And  she  same  oath  was  administered  to  the 
met,  and  their  names  were  as  follow  :  Sir  Wil- 
liam Roberta,  hart.  Sir  Richard  Fisher,  bait. 
Sir  Michael  Ueaeage,  kt.  Sir  Thomas  Bridges, 
kc  WiUaens  Averry, Chariet  Humphrevile,  John 
Batsssfsty  Riebard  Gewre,  Thomas  Henslowe, 
Joan  Sterne*  John  Haynes,  and  Walter  Moyie, 


uasjnives* 


ikt  Cr.    Crier,  count  these.    Sir  WU- 


One,&c. 

CLtftkeCr.   Walter  Moyle. 

Crier.  Twelve  good  men  and  true,  stand 
together,  and  hear  your  evidence.  Gentle- 
men,  are  you  all  sworn  f  and  you  that  are  not 


The  stsmcrmjp-pface  for  the  jury  being  so 
ihuuged,  that  ttose  who  were  sworn  had  not 
room  to  stand  together,  the  Clerk  of  the 
Crown  was  ordered  to  mate  proclamation 
thus: 

(XtftUCr.    Crier,  make  Proclamation. 

Crmr.  O  Yes  I  jay  lords  the  biagfa  justices 
4o  atrat dy  charge  aad  command  all  ipers<ms 
^  Y9U  r?f. 


that  are  not  of  tbe  jury,  to  withdraw  forthwith* 
upon  pain  of  \00l.  a  man.. 

CL  of  the  Cr.  Robert  Green,  bold  up  thy 
band;  Henry  Berry,-  hold  up. thy  hand;  Law- 
rence Hill,, bold  up  thy  band.  Which  they 
severally  did. 

Gentlemen,  ypu  that  are  sworn,  look  upon 
the  prisoners,  and  hearken  to  their  charge: 
You  shall  understand,  that  they  stand  indicted 
by  the  names  of  Robert  Green,  late  of  tbe 
parish  of  St.  Mary  le  Strand  in  tbe  count?  of 
Middlesex,  labourer;  Henry  Berry  late  of  the 
same  parish  and  county,  labourer;  and  Law- 
rence Hill,  late  of  the  same  parish  aad  county, 
labourer ;  for  that  they,  together  with,  fee.  (as 
before)  against  the  peace  of  our  sovereign  lord 
the  king,  his  crown  and  dignity.  Upon  this 
indictment  they  bare  been  arrataed,  they 
have  thereunto  severally  pleaded  Not  Guilty, 
and  for  their  trials  have  severally  put  them- 
selves upon  God  and  their  country,  which 
country  you  are.  Your  charge  is  to  enquire, 
whether  the  prisoners  at  the  bar,  Robert 
Green,  Henry  Berry,  and  Lawrenas  Hill,  or 
any  of  them,  are  guilty  of  tbe  felony  and  mur- 
der whereof  they  stand  indicted,  or  not  guilty  ; 
and  for  them  which  you  shall  find  guilty,  you 
shall  enquire  what  goods  or  chattels,  Jaods  or 
tenements,  they  had  at  the  time  of  the  felony 
committed,  or  at  any  time  since.  If  you  find 
them,  or  any  of  them,  not  guilty,  you  shall  en* 

2 aire,  whether  they,  or  any  of  them,  that  yoa 
nd  so  not  guilty,  fled  for  the  same;  if  you  find 
that  they  or  any  of  them  fled  for  the  -same,  you 
shall  enquire  of  their  goods  and  chattels,  as  if 
you  had  found  them  guilty :  but  if  you  had 
them,  nor  any  of  them,  not  guilty,  nor  that 
they  did  fly  for  it,  say  so,  and  no  more,  ami 
hear  your  evidence.  Crier,  make  proclama- 
tion. 

Crier.  O  Yes !  If  any  one  will  give  evidence 
on  behalf  of  our  sovereign  lord  tbe  king,  against 
Robert  Green,  Henry  Berry,  and  Lawrence 
HiU,  the  prisoners  at  the  bar,  let  them  coma 
forth,  and  they  sbajl  be  heard. 

Mr.  Serjeant  Stringer.  May  it  please  your 
lordship,  and  you  gentlemen  ot  this  jury,  tbe 
prisoners  at  tbe  bar,  Robert  Green,  Henry 
Berry,  and  Lawrence  Hill,  stand  indicted,  for 
that  they,  with  one  Grrald  a  priest,  one  Kelly, 
and  one  Vernatt,  did  the  twelfth  of  October 
last,  at  tbe  parish  of  St.  Mary  le  Strand  in  this 
county,  feloniously,  wilfully,  and  of  their  ma-* 
lice  aforethought,  assault  the  person  of  sir 
Edmundbury  Godfrey,  kt.  and  that  the  prw 
soever,  Robert  Green,  did  put  about  the  neck 
of  the  said  Sir  Edmund  bury  a  twisted  hand- 
kerchief, and  did  with  that  twisted  handker- 
chief so  choke  and  strangle  the  said  Sir'  £0% 
mundbury,  that  he  immediately  died ;  and  that 
tbe  other  prisoners,  Henry  Berry  and  Law- 
rence- Hill,  with  the  other  persons,  Girnld, 
Kelly,  and  Vernatt,  were  aiding  and  assisting 
the  said*  Robert  Green  80  murder  the  atid  Sir 
Edmondbury  ;  and*  so  the  prisonem  ot  the  bar, 
with  the  said  other  perautts,  the  said  Sir  Ed- 
mondbury Godfrey  did  kill  and  murder,  - 
M 


1 


l(tf }    STATE  TRIALS,  3 !  Chawlbs  II.  167D.— TVud  of  Green,  Ikrry,  and  Hill,  [16ft 


agaiast  the  king's  peace,  his  crown  and  dig- 
nity. To  tbbtbry  have  pleaded  Not  Guilty, 
and  for  their  trial  have  put  themselves  upon 
their  conntry,  which  country  you  ere.  If  we 
trove  them  or  any  of  them  guilty,  you  are  to 
find  it  so. 

Attorney  General  (Sir  William  Jones). 
May  it  please  your  lordship,  and  you  gentle- 
men of  this  jury,  the  prisoners  who  stand  now 
at  theibar  are  indicted  for  murder.  Murder, 
as  it  is  the  first,  so  it  is  the  greatest  crime  that 
is  prohibited  in  the  Second  Table.  It  is  a 
crime  of  so  deep  a  stain,  that  "nothing  can 
wash  it  away  but  the  blood  of  the  offender, 
and  unless  that  be  done,  the  land  in  which  it 
is  shed  will  continue  polluted.  My  lord,  as 
murder  is  always  a  very  great  crime,  so  the 
murder  which  is  now  to  be  tried  before  your 
lordship  is,  it  may  be,  the  most  heinous  and 
most  barbarous  that  ever  was  committed. 
The  murder  was  committed  upon  a  gentleman, 
and  upon  a  magistrate,  and  I  wish  he  had  nqt 
therefore  been  murdered,  because  he  was  a 
Protestant  magistrate.  My  lord,  I  will  not 
spend  much  of  your  time  in  making  my  obser- 
vations before  hand,  because  I  must  in  this 
case  crave  leave  to  do  it  in  the  conclusion  of 
the  evidence.  For  I,  that  have  made  a  strict 
examination  into  this  matter,  do  find,  that  I 
shall  better  spend  my  time  in  making  obser- 
vations, and  shewing  how  the  witnesses  do 
Agree,  after  the  evidence  given,  than  before. 
Therefore,  my  l«>rd,"  I  »hall  at  present  only 
make  a  short  narrative  of  the  fact,  to  shew 
you  the  course  of  our  evidence,  that  it  may  he 
♦he  better  understood  and  remembered  by  the 

iiry.    My*  lord,  upon  the  discovery  of  the  late 
orrid  plot 

.  Lord  Chief  Juttke  (Sir  William  Scroggs.) 
And  present  Plot  too,  Mr.  Attorney :  but 
pray  go  on. 

Att.  Gen.  If  your  lordshijj  please,  you  may 
call  it  so,  for  it  is  to  be  feared  they  have  not 
yet  given  it  over:  but  upon  the  discovery  of 
that  Plot  (call  it  late  or  present)  sir  Edmund- 
em*  Godfrey  (whom  I  suppose  the  jury  all 
knew,  and  every  man  that  lived  thereabouts 
must  needs  remember  to  have  been  a  very  use- 
ful and  active  justice  of  the  peace)  had  taken 
several  examinations  about  this  matter,  and 
perhaps  some  more  than  now  are  extant;  (but 
we  have  proof  he  had  some)  and  was  very  in- 
dustrious iu  finding  out  the  principal  actors  in 
this  plot-,  among  whom,  some  priests  and  Je- 
suits foreseeing  their  own  danger,  and  likewise 
the  overthrow  of  a  design  which  they  bad  been 
so  long  in  contriving,  they  bad  several  con- 
sultations bow  to  prevent  the  discovery.  And 
as  they  are  men-  who  never  stick  at  blood,  but 
rather  account  it  meritorious  to  shed  it,  though 
never  so  unjustly;  when  their  interest  may  be 
profited  by  it)  they  did  resolve  to  secure  them- 
selves and  their  design  by  taking  away  the  life 
of  this  gentleman.  In  order  thereunto  thev 
had  several  meetings,  and  the  place  of  their 
meeting,  you  will  find,  by  the  evidence,  to 
be  at  the  Plow-alehouse,  and  there  they  did 


consult  how  to  take  away  the  life  of  sir  £• 
Godfrey.  And  they  made  several  attempts  to 
do  it:  one  while  they  dogged  him  into  the 
6elds,  another  while  they  sent  people  to  spy 
when  he  came  abroad,  that  thev  might  follow 
him  into  some  dark  alley,  or  other  obscure  or 
unfrequented  place,  and  there  dispatch  him ; 
and  at  last,  after  many  attempts,  they  suc- 
ceeded in  that  wicked  one,  when  the  murder 
was  committed. 

My  lord,  there  are  contained  in  this  indict* 
ment  six  offenders,  all  principals;  three  of 
them,  i  think,  are  priests,  or  at  least  two  Of 
them  are  so  ;  that  is,  Father  Girald  an  Irish- 
man, Father  Kelly  likewise  of  the  same  na- 
tion, and  one  Vernatt,  whether  a  priest  or  lay- 
man I  know  not.  These  priests  (as  they  are 
always  the  first  that  contrive  mischief,  so  they 
are  always  the  first  that  fly  punishment)  have 
taken  care  for  themselves,  and  run  away,  and 
left  their  blind  followers,  the  prisoners  at  the 
bar,  whom  they  had  drawn  into  this  bloody  act, 
alone  to  answer  for  it. 

The  day  when  this  murder  was  committed 
was  Saturday  the  19th  of  Oetober  last ;  and  I 
must  desire  your  lordship  to  take  notice  of  the 
day,  for  upon  that  much  of  the  evidence  will 
depend.    And  we  shall  prove,  that  as  they  did 
before  send  several  times  to  sir  E.  Godfrey's 
house  to  get  intelligence  of  his  going  abroad, 
so  this  very  day  in   the  morning,  Hill,  one  of 
the  prisoners  at  the  bar,  came  to  his  house 
upon  pretence  of  business  with  him ;  and,  as  we 
guess,  and  have  reason  to  believe,   to  learn 
whither  he  went  that  day  :  Green  (another  of 
the  prisoners)  bad   been  there  before  on  the 
same  errand.    And  so  much  we  shall  prove 
to  you  by  the  people  of  the  house.    Sir  £. 
Godfrey  happened  about  noori,  or  some  time 
in  the  afternoon  of  the  same  day  (as  we  have 
it  by  the  confession  of  one  of  the  parties)  to 
be  at  an   house  near  St.  Clement's  church, 
where  these  murderers  bad  notice  he  was,  and 
had  prepared  a  trap  for  him  as  he  came  beck. 
They  had  appointed  men  to  watch  him,  and 
give  them' notice  when    he  did  come  back; 
and  whatever  his  business  was  at  the  house 
that  he  was  in  (for  it  cannot  yet  be  known) 
he  staid  there  till  about  seven  or  eight  o'clock 
at  night:  and  your  lordship  knows  that  at  that 
time  of  the  year  it  is  then  dark.    He  coming 
from  about  St.  Clement's  church  towards  his 
own  house  near  Charing    Cross,  notice    was 
given  to  the  murderers  of  his  approach  near  to 
Somerset-house.     And    thus    they    had    laid 
their  bloody  contrivance  i  some  of  them  were 
appointed  to  meet  him   at  the  back-gate   ol 
Somerset-bouse,  and  to  inform*  him  that  then 
was  a  quarrel  in  the  yard,  and  he  being. a  aiavc 
always  careful  to  keep  the  peace  and  pontst 
them  that  broke  it,  they  thought  it  a  very  ap 
means  to  train  him  into  the  yard.    And   whei 
he  came  near  the  back-gate  they  did  accord 
ingly  acquaint  biro,  that  two  of  the    queen* 
servants  were  fighting  in  the  yard,  and    tha 
they  needed  his  presence  to  part  and   quie 
them..   He,  at  first,  thought  it  might  be  bu 


I0S3   CTATE  TRIALS,  31  Charles  II.  1 679.-: for  the  Murder  <tf  Sir  E.Gotfrey.    [1GC 


some  ordinary  idle  scuffle,  and  was  not  willing 
to  gp  dawn ;  but  being  very  much  importuned 
by  (seat,  down  he  went,  through  the  back- 
loto  toe  yard,  wjiere  were  indeed  two 
scuffling  together,  but  counteifeiily ;  the 
•as  Berry,  the  prisoner  here;  the  other 
was  Kefly,  the  priest  that  is  run  away.  And 
when  sir  E-  Godfrey  was  come,  and  within 
tneir  reach,  tbeu,  as  it  was  before  contrived, 
the  hay  of  itself  ended,  and  Berry  goes  to  the 
fewer  water-gate,  and  Mr.  Praunce  (who  was 
ie  Chat  foal  iact,  but  hath  since  repented,  and 
haih  ott.de  this  discovery)  to  the  upper-pate, 
nVkeep  back  any  casual  passengers  lor  a  little 
while,  till  such  time  as  the  murder  was  over. 

My  lord,  things  being  thus  prepared,  whilst 
av  E.  Godfrey  stood  still,  or  was  returning, 
fearing  no  more    to  do  there,  after  the  scuffle 
was  thus  appeased,   Green,  one  of  the   pri- 
soners, commg  behind  him,  puts  a  cravat,  or  a 
twisted  linen  cloth  (which  he  had  ready  for 
4he  purpose)  about  his  neck.     And  he,  Hill, 
and  those  holy  fathers  Girald  and  Kelly  (with 
great  veneration  be  it  spoken,  for  men  of  their 
order  tostain  their  hands  with  the  blood  of  an 
iaaoant  gentleman,  and  that  in  so  treacherous 
a  manner,)  all  set  upon  him,  and  very  man- 
ually, being  four  upon  one,  and  he  altogether 
surprized,  threw  him  down  aud  strangled  him. 
And  this  was  done  (as  it  is  easy  to  imagine) 
without  ranch  noise ;  so  that  I  doubt  not  but 
many  that  were  near  the  place  might  be  igno- 
rant of  it,  and  did  not  bear  it. 
•    My  lord,  though   the  thing  was  done  with  a 
great  seal,  aud  a  very  good  will   to  dispatch 
aim,    yet    it    so    happened,    that  when    Mr. 
Praunce  came  back  from  keeping  sentinel  at 
the  gate,  there  was  some  life  left  in  sir  £.  God- 
frey; he  did  stir  his  feet,  and    thereby  they 
perceived  that  he  was  not  quite  dead.     But  tp 
make  thorough  work  with  hrm>  Green  (*ho 
began,  and  was  to  give  an  accomplishment  to 
1ms  bloody  fact)  takes  hold  of  his  head  and 
twists  his  neck  round,  and  stamps  upon   his 
breast,  the  marks  of  which  outrageous  cruelty 
did   plainly  appear  in  his  body  after  it  was 
found. 

My  lord,  after  they  had  thus  killed  him, 
draw  the  priest  thought  he  was  not  yet  dead 
enough,  and  was  very  willing  to  run  him 
through  with  sir  Edmund  bury  *s  own  sword  ; 
but  that  was  not  liked  by  the  ret>t,  lest  it 
might  be  discovered  by  a  great  effusion  of 
blood  in  that  place ;  and  so  they  forbore  it  for 
'  that  time.  Having  thus  dispatched  him,  they 
removed  him  to  the  chamber  of  Hill,  where 
they  kept  him  some  time,  and  after  'that  to 
another  chamber.  I  will  not  be  particular 
herein,  because  the  witness  will  give  the  best 
account  of  it.  But  after  some  time,  (I  de- 
sire it  nay  be  observed,  it  was  on  Monday 
night,  two  nights  after  the  fact  was  committed  J 
they  brought  him  into  another  room  and  lain 
him  there,  with  a  doke  thrown  over  him.  And 
I  mention  this  last  so  particularly,  because  he 
then  happened  to  be  seen  by  another  witness 
tare  present,  who  concurs  as  to  his  lying  there 


dead,  and  that  he  saw  him  by  the  helptt'adark 
Ian  thorn,  of  which,  and  other  circumstances,  I 
shall  have  occasion  to  make  use  herealter.  . 

My  lord,  after  he  had  lain  in    Somerset* 
house  some  days,  they  thought  it  was  high  time 
to  remove  him,  or  rather  to  expose  han  :  tor 
having  now  killed  him,  they  did  endeavour  to 
kill  his  reputation,  and   lay  the  blame  of  this 
foul  murder  upon  tins  innocent  gentleman,  as 
if  be  had  killed  himself:  and  on   Wednesday 
night,  which  by  computation  was  the  16th  of 
October,  they  carried  him  out  of  Somerset- 
bouse  in  this  manner  :  Hill  having  late  in  the 
night  procured  a  sedan,  they  made  a  shift,  by 
bendiug  the  body  to  a  fit  posture,  to  crowd 
him  into  it ;  and  Berry,  one  of  the  murderers, 
and  porter  of  Somerset-house,  was  of  all  men 
most  proper  to  tjelp  them  out  with  privacy ; 
and  therefore  it  was  agreed    between  them, 
that  whenever  a  man  should  come  before  and 
make  an  hem,  it  should  be  a  sign  to  Berry  to 
open  the  gate.    And,  my  lord,   having  put 
him  into  the  sedau,  Mr.  Praunce  and  Girald 
first  carried  him  out  iu  it  to  Coven t  Garden, 
and   there. they  rested  (being  something  wea- 
ried with  their  burden)  and  two  more  supplied 
their  rooms,   and  carried  him  to  Long-acre. 
Then  Girald  and  Praunce  took  hiin  up  again, 
and  carried  him  to  the  Grecian  church  near 
Soho :  and  when  .they  had  him  there,  they  got 
an  horse  ready  and  mounted  him  upon  it,  and 
Hill  was  set  behind  him  to-  hold  him  op;  by 
which  means  they  carried  him  to  the  place 
where   he   was  found ;  and   there,  to  accom- 
plish the  last  part  of  their  design,  which  was  to 
murder  his  reputation,  after  they  had  killed 
his  body,  they  took  his  own  sword  'and  run  him 
through,  and   left  him  in  such  a  manner,  as 
that  (according  to  the  weakness  of  their  un- 
derstanding)  trie  world    should  conclude  he 
had  killed  himself.     In  that  condition  was  the 
gentleman  found.    I  have  but  little  more  at 
present  to  trouble  you  with,  and  that  shall  he 
to  shew  you  what  the  murderers  did  after  they 
had-  committed  this  fact.  They  gave  an  ac- 
count of  it  the  next  morning  to  Mr.  Praunce, 
who  went  no  further   than  the  sedan  went, 
which  was  to  the  Grecian  church:  and  the 
priests  wt  re  so  far  from  any  remorse,  and  had 
so  little  humanity,  (I  believe  there  is  none  can 
think  they  had  much  of  divinity)  that  they  did 
in  a  paper,  set  down  a  narrative  of  this  heroic 
act:  and  I  doubt  not,  but  by  this  time  it  it 
sent  to  Rome,  where  it  finds  as  great  approba- 
tion, snd  causes  as  great  joy,  as  their  other 
acts  of  a  like  nature  have  heretofore  done. 
Some  days  after  the  fact  was  done,  and,  to 
their  everlasting  honour,  thus  by  themselves 
recorded,  some  of  these  priests  had  a  meeting 
at  the  Queen  Vhead  at  Bow,  and  there  was  the 
paper  produced  and  read ;  at  which  they  were 
very  merry,  and  were  so  loud,  that  some  of  the 
bouse  overheard  them ;  and  do  yet  remember 
that  they  read,  and  were  merry  at,  a  paper 
which  -concerned  sir  £.  Godfrey. 

My  lord,  this  will  be  the  course  of  our  evi- 
dence; and  though  your  lordship  and  the  jury 


will  easily  believe  that  most  of  these  parties- 
Jars  must  arise  from  one  who  was  party  to  the 
feet,  yet,  my  lord,  I  will  undertake,  before  I 
have  done,  so  to  fortify  almost  every  particular 
lie  delivers,  with  a  concurrent  proof  of  other 
testimony,  and  the  things  will  so  depend  upon 
one  another,  and  have  such  a  connection,  that 
little  doubt  will  remain  in  any  man's  mind, 
that  is  come  hither  without  prepossession,  but 
that  sir  £.  Godfrey  was  murdered  at  Somerset- 
house,  and  that  the  persons  who  stand  now 
indicted  for  it  were  the  murderers. 

Recorder.  (Sir  George  Jefferies.)  My  lord, 
if  your  lordship  pleases,  according  as  Mr.  At* 
torney  hath  opened  it,  we  desire  we  may  call 
our  wituesses;  and  first  we  will  call  Mr.  Oates. 

Crier.  Mr.  Oates,  lay  your  hand  oo  the 
book.  Tfie  evidence  you  shall  give  for  our 
sovereign  lord  the  king,  agaicst  Robert  Green, 
Henry  Berry,  and  Lawrence  Hill,  the  pri- 
soners at  the  bar,  shall  be  the  truth,  the  whole 
trorh,and  nothing  but  the  truth.  So  h<  lp  youGod. 

Solicitor  General  (Sir  Francis  Winnington.) 
Pray,  Mr.  Oates,  will  you  give  my  lord  and 
the  jury  an  account  what  transactions  there 
were  between  you  and  sir  £.  Godfrey ;  and 
that,  id?  lord,  is  all  we  call  him  for.  * 

Ait.  Gen.  My  lord,  I  call  this  gentleman 
to  prove  what  examinations  sir  E.  Godfrey  had 
taken,  and  what  was  his  own  opinion  of  bim- 
adf  about  them. 

L.  C.  J.    Mr.  Attorney,  I  suppose  the  use 
ou  make  of  it  is  this,  to  shew,  that  that  might 

i  one  of  the  motives  to  these  persons  to  do 
this  act,  because  he  was  forward  in  the  dis- 
covery of  their  Plot. 

At  I.  Gen.  It  is  so,  my  lord ;  and  that  it 
was  his  opinion  himself  that  he  should  have 
some  mischief  from  them  for  it. 

X.  C.  J.  Come,  Mr.  Oates,  pray  tell  your 
knowledge. 

Oates.  My  Lord,  upon  the  6th  of  September 
last  I  did  go  before  sir  E.  Godfrey,  and  there 
upon  oath  gave  in  several  depositions,  and  after 
that  I  had  made  oath  of  those  depositions,  we 
took  the  record  along  with  us  home  again. 
And  on  the  28th  of  September,  after  we  had 
taken  two  or  three  copies  of  this  record,  we 
went  before  sir  E.  Godfrey  again,  and  swore  alt 
the  copies  we  had  taken,  and  so  made  them 
records.  My  lord,  after  that,  the  business  was 
made  known" to  the  council  by  myself,  and  upon 
Mprtjay  Mr.  Godfrey  came  to  me,  which  was, 
I  think,  the  30th  of  September,  and  did  tell  me, 
what  affronts  he  had  received  from  some  great 
persons,  (whose  names  I  name  not  now)  for 
oeing  so  zealous  in  this  business.  And,  my 
lord,  he  told  me,  that  others,  who  were  well  in- 
clined to  have  the  discovery  made,  did  think 
that  be  had  pot  been  'quick  enough  in  the 
prosecution,  but  had  (been  too  remiss,  and  did 
threaten  him*  that  they  would  compidln  to  the 
parliament,  which  was  to  sit  the  gist  of  Octo- 
ber folio  wing.  My  Lord,  that  week  before  sir 
E.  Godfrey  was  missing,  he  came  to  me,  and 
told  me,  that  several  jfroplsh  lorc-s,  some  of 
whom  ate  now  in  the  Tower,  bad  threatened 


C 


m.~TrialofGw,hmtymdHm,    [ttfg 

|  him,  and  asked  bias  what  be  had  to  do  with  it. 
My  Lord,  I  shall  name  their  names  wbentimv 
shall  come.  My  Lord,  this  is  all  I  can  say  : 
he  was  in  a  great  fright,  and  told  me,  be  wont 
in  fear  of  his  life  by  the  popish  party,  and  the* 
he  had  been  dogged  several  days. 

Att.  Gen.  Did  he  tell  you  that  be  wan 
dopged  ? 

Oates.  Yes,  he  did ;  and  I  did  then  oak  hint, 
why  he  did  not  take  his  man  with  him ;  be  said 
he  was  a  poor  weak  fellow  %  I  then  asked  bin* 
why  he  did  not  get  a  good  brisk  fellow  to  at- 
tend him  f  But  be  made  no  great  matter  of  it  ; 
he  said,  he  did  not  fear  them,  if  they  cense* 
fairly  to  work ;  but  yet  he  was  often  threatened, 
and  came  sometimes  to  me  to  give  him  tome) 
encouragement ;  and  I  did  give  him  what  en- 
couragement I  could  that  be  would  sotfer  ia  a 
just  cause,  and  the  like ;  bat  be  would  often 
tell  me  be  was  in  continual  danger  of  befog; 
hurt  by  them. 

Att.  Gen.  We  desire  Mr.  Robinson  may  be- 
sworn.    Which  was  done  accordingly. 

Recorder.  Pray  sir,  will  you  tell  the  eoai*> 
and  the  jury,  what  discourse  you  bad  with  sir 
E.  Godfrey,  and  what  apprehensions  be  bad 
concerning  this  business. 

Tho.  Robinson,  esq.  (Chief  Prothonotary  of 
the  court  of  Common  pleas.)  '  My  lord,  sir  B. 
Godfrey  and  I  were  of  a  very  ancieat  ac~ 
quaintance  for  above  forty  years  ;  we  wen 
bred  up  together  at  Westminster-school,  and 
continued  in  that  acquaintance  all  along,  ex- 
cept in  the  times  of  the  war,  and  were  for  many 
years  together  in  commission  for  the  peace,  both 
for  this  county  and  this  city.  We  met  at  the 
quarter  sessions  for  Westminster,  the  7th  of 
October,  which  was  Monday,  as  I  take  it,  and 
meeting  there,  we  went,  after  the  court  was  op, 
and  dined  with  the  head  bailiff,  as  the  custom 
is;  where  sir  E.  Godfrey  and  I  did  discnurse 
several  things  about  this  Plot ;  I  said  to  sir  BL 
Godfrey,  I  understand  you  have  taken  several 
examinations  about  this  Plot,  that  is  now  made 
public :  truly,  said  he,  I  have ;  but  I  think  I 
shall  have  little  thanks  for  my  pains,  or  some 
such  words  :  saith  he,  I  did  it  very  unwillingly, 
and  would  fain  have  had  it  done  by  others. 
Why  said  I ,  you  did  but  what  was  your  duty  to 
do,  and  it  was  a  very  good  act :  pray,  sir,  have 
you  the  examinations  about  you,  will  you  please 
to  let  me  see  them  ?  No,  I  have  them  not,  said 
he;  I  delivered  them  to  a  person  of  quality  ; 
but  as  soon  as  I  have  them,  you  shall  see  them. 
But,  said  1,1  should  be  very  glad  to  understand, 
sir  Edmundbury,  that  the  depth  of  the  matter 
were  found  out.  I  am  afraid,  said  he,  of  that 
that  it  is  not ;  but  discoursing  further,  he  .said 
to  me,  '  Upon  my  conscience,  1  believe  I  shall 
be  the  first  Martyr/  Why  so?  said  I,  are  von 
afraid  ?  No,  said  be,  I  do  not  fear  them,  if  they 
come  fairly,  and  I  snail  not  part  with  my  lip 
tamely.  Why  do  not  you  go  with  a  man,  said 
I,  if  youjiave  that  fear  upon  you  ?  Why,  saijl 
he,  I  do  not  love  it,  it  is  a  clog  to  a  man. '  But. 
said  T,  von  should  do  well  to  )coep  a  man ;  f 
observe  you  never  go  with  one. 


Att.  Gem.    Bet  did  he  teR  yoo,  Sir,  that  he 
•tit)  believe  he  should  be  the  first  martyr  I 
JtotimoiK*    Yes,  he  did  say,  Upon  his  coe- 
he  did  believe  he  should  he  the  first 
tyr ;   assst  this  is  all  I  can  gay  sf  this  busi- 


Att.  Gem.  Then,  if  your  lordship  please,  we 
will,  in  the  next  place,  call  Mr.  Praunee,  who 
was  drawn  in  te  he  present  at  this  business, 
and  who  knew  of  all  the  fact,  and  will  give  you 
an  nooossnt  of  the  whole  matter. 

Then  Mr.  Praunee  was  sworn. 

Ait.  Gen.  Pray,  Sir,  begin  at  the^very  be- 
ginning ;  the  meetings  you  bad  at  the  Plough 
alehouse,  and  the  sending  to  sir  Edmundbury's 
home,  and  all  the  story. 

L.  C.  J.  Mr.  Praunee,  pray  tell  as  the  first 
inntites  that  were  used  to  you  to  do  this  thing, 
and  the  first  time  it  was  mentioned ;  who  they 
were  that  first  mentioned  it,  and  where. 

Praunee.  My  lord,  it  was  about  a  fortnight 
or  three  weeks  before  be  was  murdered,  we  met 
sewal  times'  at  the  Plough  alehouse. 

JL  C.  J.     With  whom  ? 

Praunee.  With  Mr.  Girald,  Mr.  Green  and 
Mr.  Kelly.  Girald  and  Kelly  did  intice  me  in, 
and  tatd  me  it  was  no  sin. 

Recorder.    Girald  and  Kelly  did  i 

JVsnmet.     Yes,  Girald  and  Kelly. 

Recorder.     What  are  they  f 

Praunee.  Two  priests :  And  they  said,  it 
was  no  sin,  it  was  a  ebaritable  act  -.  They  said 
he  was  a  busy  man,  and  had  done  and  would 
da  a  great  deal  of  mischief,  and  it  was  a  deed 
of  charity  to  do  it ;   and  so  they  told  the  rest 


Alt.  Gen.    Where  was  it  they  said  thus  r 
Praunee.  They  said  it  at  the  Plough,  and  by 


Recorder.  Well  said.  How  long  was  it  before 
he  died? 

Prmmuce.  A  week  or  a  fortnight  before  he 
was  mnrdered,  and  Green,  Hill  and  Girald  met 
there  together. 

AU.  Gen.     What  discourse  had  you  then  ? 

Pramnce.  There  they  resolved,  that  the  first 
that  could  meet  with  him  should  give  notice  to 
tat  rest  to  be  ready ;  and  so  in  the  morning, 
whan  tliey  went  out  on  Saturday — — 

Att.  Gen.  But  before  yon  come  to  that,  do 
yea  know  of  any  dogging  of    him   into  the 

Prawnce.  Yes,  it  was  before  that,  I  heard 
them  say  they  would,  and  had  dogged!  him  into 
the  fields. 

L.  C.  J.     Who  did  you  he-.ir  say  so  r 

Pmutte.     Gtrald,  Kelly  and  dreen. 

Att.  Gen.  That  Green  is  one  of  the  pri- 
soners. 

Aemrnter.  Which  way  did  they  dog  him  ? 
what  fields  * 

Praunee.  Red~tion*nelds,  and  those  by  Hol- 


4*.  0e».  Why:  did  they  not  kill  bhn  there  ? 
frmnee.    Because  thrj  had  not  opporta- 


V.-^tk*Murikrtf$#E.Go4fry.  [170 

Att.  Gen.  Do  yon  know'of  any  seeding  to 
hi*  bouse,  or  going  to  it  ? 

Praunee.  One  time  I  do  know  of,  and  that 
was  Saturday  morning,  Mr.  Kelly  came  to  give 
me  notice,  that  they  were  gone  abroad  to  dog 
him ;  and  afterwards  they  told  me,  that  Hill  or 
Green  did  go  to  his  house  and  ask  for  him, 
but  the  maid  told  him,  he  was  not  up,  and 
then  went  away,  and  said  he  would  call  by  and 
by. 

Hill.    What  time  was  that  in  the  reoratog  F 

Praunee.  It  was  about  9  or  10  o'clock  in  she 
morning. 

Hill.  And  had  we  been  there  before  er 
after  r 

Praunee.    You  had  been  there  before. 

Recorder.  Pray  stay  till  such  time  as  we  hare 
done  with  our  evidence,  you  shall  have  all  free 
liberty  to  ask  him  any  question  j  but  /on  must 
stay  till  we  hare  dene. 

Praunee.  As  soon  as  they  heard  he  was 
within,  they  came  out  and  staid  for  his  eosniog 
out,  and  dogged  him. 

L.  C.  J.    Did  all  three  of  them  go  to  his    ' 
house  ? 

Praunee.    No,  my  lord. 

L.  C.  J.    Who  was  it  did  go  f 

Praunee.    Only  one,  either  Hill  or  Green. 

L.  C.  J.    How-  do  you  know  that  ? 

Praunee.  They  told  me  so  themselves,  fur 
they  came  to  give  me  notice. 

L.  C.  J.    Who  told  you  so  ? 

Praunee.    It  was  Girald  and  Green  both. 

L.  C.  J.  Did  Green  tell  you  that  he  bad. 
been  there  ? 

Praunee.  He  told  me  one  of  them,  but  I  am 
not  certain  which.  And  so,  my  lord,  after 
that,  when  he  came  out  they  dogged  him  that 
day  up  andjiown. 

Mr.  Justice  Jonet.    Who  dogged  him  ? 

Praunee.  Girald,  Green  and  Hill  dogged  hioi 
into  St.  Clement's  ;   and  about  seven  o'clock,    - 
Green  came  and  gave  me  notice,  that  he  was  at 
St.  Clement  s,  and  I  came  to  Somerset-house  as 
fast  as  1  could. 

Z..  C.  J.     Where  were  you  r 

Praunee.    At  my  own  house. 

I*.  C.  J.  How  far  did  yon  live  from  Somer- 
set-Souse ? 

Praunee.  J  lived  in  Princess-street,  not  far 
from  Somerset-house. 

Recorder.    Who  was  it  gave  you  notice  f 

Praunee.  It  was  Green.  He  told  me.  that 
Girald  and  Kelly  were  watching  him,  and  that 
he  was  at  St.  Clement's, 

£.  C  J.    Where  was  h«  ? 

Praunee.    At  St.  Clement's,  my  lord. 

L.C.  J,    Where  there? 

Praunee.  I  was  not  there,  (hey  told  me  so, 
and  no  more;  and  about,  eight  or  nine  o'clock, 
Hill  came  before,  up  the  street,  and  gave  qs  no* 
tice  that  we  must  be  ready.  And  so^  my  lord, 
as  soon  as  HiH,  had  given  us  notice,  he  wen*  up 
to  the  gate,  and  staid  there  till'  sir  £.  Godfrey 
came  by,  and  t^en  told  hin^  there  were  two 
men  a  quarrelling,  and  desired,  bto  to*  come 
and  try  whether  be  could  pacify  them:  be  was 


171]    STATE  TRIALS,  31  Charles  II.  1679.— IWafo/  Green,  Berry,  and  Hill,    [IK 


very  unwilling.  But  pray,  Sir,  saith  Hill,  you 
being  a  justice  of  the  peace,  may  qualify  them ; 
and  so  he  went  down  till  he  came  to  the  bot- 
tom of  the  rails;  and  when  he  came  to  the  bot- 
tom of  Che  rails,  Green  twisted  his  handker- 
chief, and  threw  it  about  his  neck,  and  threw 
him  behind  the  rails,  and  there  throttled  hitn, 
and  punched  him,  and  then  Girald  would  have 
thrust  his  sword  through  him ;  but  the  rest 
would  not  permit  him,  for  fear  it  should  dis- 
cover them  by  the  blood.  And  about  a 
quarter  of  an  hour  after  I  came  down,  and 
found  he  was  not  quite  dead ;  for  I  laid  my 
band  upon  him,  and  his  legs  tottered  and 
shook,  and  then  Green  wrung  his  neck  quite 
round. 

Att.  Gen.    Who  waajt  that  took  him  by  the 
neck  ? — Praunee.  It  was  Green,  my  lord. 

L.  C.  J.    Did  you  see  him  ? 

Prauncef    No,  but  he  did  tell  me  afterwards 
that  be  did  it.  - 

L.  C.  J.    Who,  Green  himself? 

Praunee.   Yes,  my  lord,  for  he  boasted  of  it. 

Ait.  Gen.    Pray  what  did  he  do  to  him  be- 
sides ? 

Praunee.    He  punched  him  with  his  knee. 
*  L.  C.  J.    Did  you  see  him  do  this  ?  How  do 
you  know  be  did  it  f 

Praunee.    He  and  the  rest  told  me  so  after- 


.    L.  C.  J.    Where  were  vou  at  that  time  the 
handkerchief  was  twisted  about  his  neck  ? 
'  Praunee.    As  soon  as  I  came  down  I  went 
towards  the  gate. 

X.  C  J.    Who  ordered  you  to  stand  at  the 
gate? 

Praunee.    It  was  Hill. 

Mr.Serj.  Stringer.   You  watched  the  water- 
gate,  who  watched  the  stairs  ? 

Praunee.    That  was  Berry. 

Recorder.    Pray  give  an  account  what  they 
did  afterwards. 

Praunee.     Why,  afterwards—— 

Att.   Gen.     Who   told    you    that    Green 
twisted  1iis  neck  ? 

Praunee.    AH  spoke  of  it. 

Att.  Gen.    Did  Hill  r 

Praunee.    Yes,  be  and  tlie  rest. 

Alt.  Gen,    How  came  vou  to  understand 
that  he  punched  his  breast? 

Praunee.    Green  spoke  of  it  himself,  and  so 
did  the  others. 

Att.  Gen.    Who  were  about  his  body  when 
you  came  down  to  the  gate  f 

Praunee.    All  four. 

Att.  Gen.    Name  them. 

Praunee.    Hill,  Green,  Girald,  and  Kelly. 

Att.  Gen.    Was  Berry  there  r 

Praunee.    He  came  to  them  a  while  after. 

Att.  Gen.    When  ? 

Praunee.    Before  they  carried  him  into  the 
boose. 

Att.  Gen.    How  pan  you  teQ  that  ? 

Praunee.    Because  be  helped  them  to  carry 
him  in. 

'  Sol.  Gen.    Where  was  Berry  before  they 
carried  him  into  the  bouse  ? 


Praunee.     Hw*was  about  the  stairs. 
Recorder.     W1m>  was  it  that  curried  him  op 
into  the  room  ? 

Praunee.     We  all  did. 
Recorder.    Pray  name  all  that  were  in  the 
company. 

Praunee.    Tliere  was  Girald,  Greed,  Hill, 
Kelly,  B.rrj,  and  i. 
Att.  Gen.     Who  set  their  hands  to  it  ? 
Praunee.     We  all  did  help ;  Hiil  went  be- 
fore and  opened  rjitr  door,  aud  we  carried  him 
id  to  the  room. 
Att.  Gen.    Whose  room  was  that  ? 
Praunee.    It  was  a '  chamber^  of  Hill's,  in 
Dr.  Godwin's  bouse. 

Recorder.     Was  Hill  Godwin  a  man  ? 
Praunee.     Yes,  he  had  been. 
Mr.  Justice  Jones.    Did  Berry  help  to  carry 
him  in  ? 
Praunee.    Yes,  Berry  did.  . 
Mr.  Serj.  Stringer.     Was    there  any  dis- 
course of  a  sword  to  be  thrust  through  him  at 
that  time  ? 

Praunee.    Yes,  Girald  said  he  would  thrust 
a  sword  through  him ;  but  they  would  not  let 
him,  for  fear  of  discovery. 
Ait.  Gen.     What  became  of  the  body  ? 
Pruunce.    It  lay  there  till   Monday  night, 
and  on  Monday  it  was  removed  to  Somerset 
House,  and  upon  Monday  night  Hill  did  shew 
me  it  with  a  dark-lanthorn. 
Att.  Gen.    Who  were  in  the  room  then? 
Praunee.    Girald,  and  Hill,  and  Kelly,  and 
all  were  there.    And  on  Tuesday  night  it  was 
brought  back  again  :  Mr.  Hill  would  have  car- 
ried him  into  his  own  lodging. . 

L.  C.  J.     Whither  did  they  carry  him  on 
Monday  night  ? 
Praunee.     Into  Somerset  House. 
Just.  Wild.    In  not  Hill's  chamber  in  Somer- 
set House  ? 

Serj.  Stringer.    Describe    the   room,    Mr. 
Praunee,  as  well  as  you  can. 

Praunee.    I  am  not  certain  of  the  room,  and 
so  cannot  describe  it. 

Just.  Wild.    But  was  not  U ill's  chamber  in 
Somerset  House  ? 

Praunee.    It  is  in    the  lower  part  of  the 
house,  in  a  court. 

Att.  Gen.    When  you  saw  him  in  this  room, 
pray  what  was  thrown  over  him  ? 

Praunee.    There  was  something,  I  cannot 
tell  what ;  for  I  durst  not  stay  long  there. 
Just.  Dolben.    What  light  was  there  ? 
Praunee.    Only  a  dark  lanthorn. 
Att.  Gen.    Who  carried  it  ? 
Praunee.    Hill  carried  it. 
Just.  Dolben.    Are  you  sure  you  saw  the 
body  there  ? 

Praunee.  Yes,  I  am  certain  of  it. 
Att.  Gen.  What  became  of  it  after  that  ? 
Praunee.  On  Tuesday  night  it  was  carried 
to.  Hill's,  the  chamber  where  he  was  first 
brought  after  be  was  murdered ;  but  there  v*a* 
somebody  there,  and  so  they  could  not  carry  it 
into  the  room,  but  they  carried  him  into  a  room 
just  over  against,  I  think  they  were  sir  Job? 


MS]  STATE  TRIALS,  31  Chablbs  II.  1679.-; for  the  Murder  of  Sir  E.  Godfrey.  [17* 


AraaeWs  lodgings,  I  cannot  tell.  There  it  lav 
qil  Wednesday  night,  and  about  nine  o'clock 
oa  Wednesday  night  they  were  removing  the 
body  into  the  room  where  it  first  lay  ;  and  I 
happened  to  come  as  tbey  were  removing  it, 
aad  they  were-  affrighted  and  rob  away :  Bat  I 
spoke,  and  Berry  came  back  again,  and  got  the 
hod/  an  into  the  room,  and  about  1 3  o'clock  they 
earned  it  away  in  the  sedan. 
Att.  Gen.    Who  brought  the  sedan  ?' 

Hill  did. 

Who  put  him  into  it  ? 

We  all  set  onr  hands  to  it. 

Who  carried  him  out  first  ? 

I  and  Girald. 

Out  of  which  gate. 

The  upper  gate  of  the  upper  court. 

How  came  you  to  have  the  gate 


Praunce. 
Att.  Gen. 
Trounce. 
Att.  Gen. 


Gen. 


Att 

P 

Att.  Gen 
opened  ? 

Praunce. 

Att.  Gen 

Praunce. 
thesi«a« 

Att.  Gem.  Who  was  it  that  carried  the  sedan 
first  ? — Prmunee.  I  and  Girald. 


Berry  opened  it. 
How  came  be  to  open  it  ? 
Somebody  hem'd,  and  that  was 


Att.  Gen. 


Recorder. 

Prmunee, 
we  rested. 
■    Att.  Gen. 

P ran  nee. 
Alt*  Gen. 


Who  went  before  ? 
Green  and  KelJy. 

How  far  did  you  carry  him? 
Into  Coven t  Garden,  and  there 


And  who  took  him  up  then  ? 
Green  and  Kelly. 
How  far  did  they  carry  him  ? 
Prmunee.     They  carried  hi«n  to  Long- Acre. 
Then  we    took    him    up,  and  carried  him  to 
Soho  church,  and  there  Hill  met  us  with  an 
horse,  and  we  helped  the  body  up. 
Att.  Gen.     Who  was  it  that  rid  behind  him  ? 
It  was  Hill. 
What    did  you   do    with  your 


Att.  Gen. 

? 
Praunce. 


We  set  it  in  a  new  house  till  we 


again. 
You 


say  you  saw  him  on  horse- 


C.J. 

? 

Prmunee.     Yes  my  Lord,  I  did. 

JL.  C.  J.     How,  in  what  posture  ? 

Praunce.  Astride ;  his  legs  were  forced 
,  and  Hill  held  him  up. 

HiU.     Did  I  hold  him? 

Praunce.     Yes,  you  did. 

L.  Q.J.    Did  the  others  go  with  him  ? 

Praunce.     Yes,  my  Lord. 

L.  C.  J.     Who  did  go  with  him  ? 

Prmunee.    Green,  Hill,  Girald  and  Kelly. 

Att.  Gen.  Pray,  will  you  tell  my  lord  and 
the  Jury,  what  account  they  gave  you  the  next 
aiorning  concerning  the  body,  aod  how  they 
had  disposed  of  it. 

Pmrnnce.    They  told  me 

L.  C.  J.  Wlurmid  you  ? 

Prmunee.    Hill,  Kelly  and  Girald. 

L.  C  J.    What  did  they  tell  you  ? 

Prmunee.  First,  that  they  had  run  him 
through  with  his  own  sword ;  then  throwo  him 
iato  a  ditch,  and  laid  his  gloves  and  other 
things  upon  the  bank. 


Att.  Gen.  Pray  tell  now  the  story  of  your 
meeting  at  Bow.  What  was  the  house  called 
you  met  at? 

Praunce.  It  was  the  sign  of  the  QueenV 
Head. 

Att.  Gen.   Who  was  it  that  did  meet  there? 

Praunce.  They  were  priests ;  I  cannot  so 
well  remember  their  names,  they  are  written 
down  in  this  paper. 

Recorder.  Look  on  the  paper  yourself;  you 
can  read,  I  suppose  ? 

Praunce.  There  was  one  Luson,  a  priest,  I 
think.       \ 

Att.  Gen.   Where  did  he  live  ?      •      ' 

Praunce.   He  was  with  Vernatt. 

Att.  Gen.  What  was  the  occasion  of  your 
meeting  there? 

Praunce., .  Vernatt  told  me  it'  was  only  to 
be  merry  there. 

Att.  ben.  What  was  the  man  of  the  house 
his  name  ?  ^ 

Praunce.    One  Casshes. 

Att.  den.    Did  you  dine  there  ? 

Praunce.    Yes. 

Att.  Gen.   What  had  you  for  dinner? 

Prmunee.  We  had  a  barrel  of  oysters,  and 
a  dish  of  fish :  I  bought  the  fish  myself. 

X.  C.  J.   What  day  was  it  ? 

Praunce.  The  Friday  after  the  Proclama* 
tion,  that  all  the  papists  were  to  be  gene  out 
of  town. 

Recorder.  Tell  what  company  you  had 
there,  and  what  discourse. 

Praunce.  There  was  Mr.  Vernatt,  and  I,  and 
Mr.  Girald,  and  that  other  priest,  and  one  Mr. 
Dethicke. 

Att.  Gen.    Who  sent  for  him  ? 

Praunce.  Mr.  Vernatt  sent  a  note  for  him 
by  a  cobler. 

Att.  Gen.  Did  he  come  upon  that  note  ? 

Praunce.  He  came  presently.  And  when 
he  was  come,  then  they  read  all  the  writing  of 
the  murder ;  for  Mr.  Vernatt  should  have 
been  one  at  the  doing  of  it,  but  something  hap- 
pened be  could  not. 

Att.  Gen.  Mr.  Vernatt  was  very  sorrowful 
at  the  reading  of  it,  was  he  not? 

Praunce.  If  he  was,  it  was  because  he  was 
not  there. 

Att.  Gen.  How  did  he  behave  himself? 
Did  he  read  it  with  any  pleasure  and  delight  ? 

Praunce.    We  were  all  very  merry. 

Att.  Gen.  What  can  you  say  about  any 
bodv's  over-hearing  you  ? 

Praunce.  There  was  a  drawer  came  and 
listened  at  the  door,  and  I  bearing  the  door  a 
little  rustle,  went  to  the  door,  and  catched  him 
listening ;  and  said  I  to  him,  sirrah,  I  could 
find  in  my  heart  to  kick  you  down  stairs ;  and 
away  be  went. 

Just.  Wild.  Was  Vernatt  with  you  there 
that  night  he  was  murdered,  the  Saturday  night? 

Praunce.  No ;  there  was  only  the  six  I  have 
named. 

Just.  Jones.  You  say  that  you  met  at  the 
Plow  the  first  night  ?     '. 

Praunce.  Yes, 


175]   STATE  TRIALS,  51  Chauks  II.   \679.~Trial qf  Green,  Berry,  and  HIU,  [WO 

X.  C.  J.  How  ? 


fust,  JEJNssf.    And  there  job  were  told,  that 
it  was  a  very  charitable  act  to  kill  iir  E.  God- 
frey? 
..JVeasre,  Yes,  I  was  so. 

Just.  Jane*.  Was  it  agreed  there  that  he 
should  be  killed? 

Preaacc.  It  was  agreed  there;  and  the 
first  that  met  him  were  to  give  notice  to  the  rest. 

Just.  Jonei.  Who  were  there  ? 

Prewaes.  Girald,  Kelly,  Green  and  I. 

X.  C.  J.  When  came  Hill  and  Deny  into 
this  cause  ?  How  came  they  acquainted  with  it  ? 

Praunce.    They  were  in  it  before  I. 

X.  C.  /.  Who  told  you  they  were  in  it  ? 

Praunce.  Mr.  Girald,  my  ford,  told  me  so. 

Just.  Jones.  Hill  and  Berry  were  not  at  the 
Plow,  where  did  you  first  hear  them  speak  of  it? 

Praunce,  Girald  and  I  ha?*  been  at  Berry's 
house  divers  times. 

Just.  Dolben.  But  there  were  two  meetings 
at  the  Plow,  were  there  not? 

Praunce.  Yes,  there  were. 

Just.  Dolben.  And  Hill  was  at  the  last  meet- 
ing, was  be  not  ? 

Praunce.  Yes,  he  was,  my  lord. 

Att.  Gen.  Now  I  would  ask  you  this  question 
Ly  the  favour  of  the  Courtywas  there  any  reward 
proposed  by  these  priests  for  the  doing  of  it  ? 

Praunce.  Girald  and  Vernatt  did  speak  of  a 
gpreat  reward  that  was  to  be  given  for  it.    . 

Ait.  Gen.  Pray,  how  much  ? 

Praunce.    I  do  not  remember  what. 

Att.  Gen.  Cannot  you  tell  how  much  ? 

Praunce.  There  was  to  be  a  good  reward 
from  my  lord  Bellasis,  as  they  said. 

Justice  Dolben.  You  had  several  meetings, 
you  say :  Did  you  there  resolve  what  should 
be  the  way  of  doing  it  ? 

Praunce.  Girald  was  resolved  to  kill  him 
that  night ;  and  if  he  could  not  set  him  into  a 
more  convenient  place,  be  would  kill  him  with 
his  own  sword,  in  the  street  that  leads  to  his 
own  boose. 

Recorder.    Who'was  that  that  resolved  so  ? 

Praunce.  It  was  Girald. 

Recorder.  The  priest,  rather  than  rail,  was 
resolved  to  do  that  act  of  charity  himself. 

Ait.  Gen.  I  would  now  ask  you  a  question, 
which  though  it  does  not  prove  the  persons 

ev,  yet  it  gives  a  great  strength  to  the  evi- 
*.  Do  you  know  Mr.  Bedlow,  Mr.  Praunce. 

Praunce.    I  do  not  know  bias. 

Att.  Gen,  Had  you  ever  any  conference 
with  him  before  you  was  committeo  to  prison  ? 

Praunce.  Never  in  all  my  life. 

Ait.  Gen.  Were  yon  ever  in  his  company 
in  your  list  before,  that  you  know  of? 

Pwaunee.  No,  not  that  I  remember. 
.   At$.  Gen.  Wall,  you  shall  see  how  fw  he  will 
agree  with  you. 

Recorder.  Now  they  may  ask  bin  any  ques- 
tions, if  they  please*  for  we  have  done  with  him. 

L.  C+  J.  Let  them  if  they  will. 

Hill.  My  lord,  in  the  first  place,  I  humbly 
paay  the*  M*«  Praiinee's  evidence  may  not 
stand  good  against  mc,  as  being  pastured  by  his 
own  confession. 


Hill.  I  suppose,  my  lord»it  is  not  unknown  to 

SMi  that  be  made  such  an  open  confession  ba- 
re the  king. 

JL  C  /.  Look  you,  sir,  I  will  tell  you  far 
that,  I  do  not  know  that  ever  he  made  a  con- 
fession to  contradict  what  he  had  said  upon  his 
oath.-— Hill.  He  was  upon  his  oath  before. 

L.  C.  J.  Yes,  he  bad-accused  you  upon  oath ; 
but  afterwards,  you  say,  he  confessed  that  it 
was  not  true,  but  that  confession  that  it  was  not 
true,  was  not  upon  oath :  How  is  he  then  guilty 
of  perjury  ? 

Hill.  My  lord,  if  a  man  can  swear  a  thing 
and  after  deoy  it,  he  is  certainly  perjured. 

X.  C.  J.  If  a  man  hath  great  horrors  of  eon- 
science  upon  him,  and  is  rail  of  fears,  aod  the 
guilt  of  such  a  thing  disorders  his  mind,  so  as 
to  make  him  go  back  from  what  he  bad  before 
discovered  upon  oath,  you  can't  say  that  man 
is  perjured,  if  be  don't  forswear  it :  But  I  be- 
lieve no  body  did  believe  his  denial,  because 
his  first  discovery  was  so  particular,  that  every 
man  did  think  his  general  denial  did  only  pro- 
ceed from  the  disturbance  of  bis  mind.  Bot 
have  you  any  mind  to  ask  him  any  questions? 

Recorder.  We  can' prove,  that  immediately 
after  he  retracted  bis  recantation. 

Justice  Dolben.  Try  if  you  can  trap  him  ta 
any  question. 

Hill.  Pray  what  boor  was  k  that  I  want  to 
sir  Edmundbury  Godfrey's  ? 

Praunce.  About  nine  or  ten  o'clock,  I  am 
not  certain  in  the  hour. 

X.  C.J.  No,  no,  a  man  cannot  be  precise 
to  an  hour ;  but  prove  you  what  you  can. 

Hill.  I  have  a  great  many  witnesses,  besides 
the  justice  of  my  cause,  that  I  was  not  wot  of 
my  house  that  day. 

X.  C.  J.  You  shall  be  heard  for  that ;  bat  the 
present  matter  is,  whether  you  will  ask  him  amy 
questions  or  no  ? 

Hill.  My  lord,  it  is  all  false  that  lie  says,  nod 
I  deny  every  word  of  it,  and  I  hope  it  shall  not 
not  be  good  against  me. 

L.C.J.  Well,  Mr.  Berry,  will  you  ash  faim 
any  questions? 

Berry.  Mr.  Praunce,  who  was  in  my  bosses  a 
that  time  you  speak  of? 

Praunce.  There  was  your  wife  there,  and  sc 
vera!  other  persons  besides. 

Berry.  Who  were  they  ? 

Praunce.  There  were  divers  people  ;  ifcia  a 
ale-house. 

Berry.  But  who?  Can  yon  nam*  **\y  < 
them? 

Praunce.  There  was  Girald,  and  KeDy*wj>el  1 

X.  C.  J.  Why,  dUt  yon  not  all  know*  M 
Praunce? 

Berry.    My  lord,  I  knew  him  an  be 
up  and  down  m  the  house* 

X.  C.  X  Why,  what  answer  is  the*  ? 
do  you  mean  by  his  passing  up  and  d« 
the  house  ?  did  you  never  drmk  with  him  f 

Berry,    Drink  with  kirn*  my  lord  I  Yetsv 

JL  C.  J.  Yea?  wiry  people dWt  oat  te>  drii 
as  they  go  along,  ft 


wfa 


177]  STATE  TRIALS,  SI  Chau.es  IK  im.~Jbr  the  Murder  tfStrB.  Gotfrty.  [178 

Berry.  It  was  in  other  company  that  came 
to  raj  boose,  no  acquaintance  of  mine. 

L.  C.  Jl  '  Was  not  Mr.  Praunce  known  by 
joa  all  three  ?  which  of  yd  a  can  deny  it  ?  what 
sayyoa,  Hill ?, 

&*/£.     My  l*»rd,  I  did  know  liiro. 

L.  C.  J.     What  say  you,  Green  ? 

Green*     Yes,  I  did  know  him. 

Atl.  Gen.     But  yet,  my  lord,  we  shall  prove 
ia  the  coarse  of  our  evidence,  that  upon  their 
examinations,  they  did  deny  they  ever  knew 
him;    but  because  the  prisoners  give  us  this 
occasion,  I  desire  Mr.  Praunce  may  give  an 
accoont  of  one  thing.    I|e  was  concerned  in 
this  very  fact,  and  there  was  no  other  way  to 
get  any  proof  of  it,  than  by  the  discovery  of 
one.  among  themselves.    He  was-  once  of  that 
religion,  or  else  he  bad  never  been  concerned 
jo  this  thing.     And  your  lordship  will  find  that 
Jfr.  Praunce,  while  he  was  of  that  religion, 
tad  not  sure  of  his  pardon,  was  under  some  dis- 
turbances and  fears,  which  prevailed  with  him 
to  come  before  the  king,  and  deny  what  he  had 
sworn.     But,  my  lord,  which  is  very  observa- 
ble, this  geotieroan  that  hod  made  that  denial 
before  the  king,  was  so  far  convinced  that  he 
had  done  amis*  in  it,  and  so  troubled  that  he 
had  done  it,  that  he  desired  captain  Richardson 
fas  soon  as  he  returned  back  to  prison)  to  carry 
him  back  to  the  king  again ;    for  he  must  go 
back  and  make  good  that  confession  which  he 
at  first  bad  made ;  for  it  was  every  word  true. 
And  being   for  the  king,  we  desire  captain 
Richardson  may  be  sworn. 
,  Justice  Wild,    Can  yon  tell  where  sir  £. 
Godfrey  was  dogged  ? 
.  Prmuue.    No,  my  lord,  I  cannot. 

Justice  Wild.  You  say  they  did  tell  yon,  that 
they  dogged  him  up  and  down :  Did  not  they 
tell  you  from  whence  they  dogged  him,  when 
they  killed  him  I 

Praunce.    No,  they  did  not. 

L.C.J.  Mr.  Richardson,  were  yon  by, 
when  Mr.  Praunce  denied  all  that  he  bad  con- 
fcssed? 

Captain  Richardson.  My  lord,  upon  the 
Sunday  night  before  the  prorogation  of  the  last 
parliament,  I  received  a  letter  from  one  of  the 
lords  of  the  council,  to  bring  up  Mr.  Praunce 
before  the  lords  of  the.  committee  for  liiavesn* 
snieatton.  When  I  brought  him  thither  I  found 
Mr.  Praonce  was  disturbed,  and  desired  to 
sneak  with  the  king  ;  and  I  carried  him  into 
the  king's  closet,  where  he  fell  down  on  his 
knees,  and  said,  *  He  was  innocent,  and  they 
'were  all  innocent ;'  and  that  was  the,  sub- 
stance of  all  he  said.  I  then  had  him  ap  to  the 
council,  where  he  said- the  same  thing.  The 
lords  asked  him,  whether  any  body  had  been 
tanaering  with  him  ?  He  answered*  No.  My 
lord,  when  I  came  borne,  I  was  no  sooner  got 
within  the  doors,  but  he. begged  of  me,  for 
God's  sake,  to  go  back  to  the  king*  and  to  ac- 
quaint him,  not  only  that  what  he  had  now 
said,  was  false;  but  that  all  which  he  had 
sworn  before,  was 'troth*  And  if  his  majesty 
woahJ  send  him  a  pardon,  he  would  make  a 

TOL.  V*II. 


great  discovery.  And,  my  lord,  more  than 
that,  he  said,  It  was  fear  that  made  him  ***• 
cant ;  and  he  gave  a  full  satisfaction,  Chat  it 
was  only  out  of  an  apprehension  that  his  life 
was  not  secure,  that  his  trade  would  be  lost 
among  the  Roman  Catholics ;  -  and  in  case  ha 
had  his  pardon,  and  wen  saved,  be  shoaid 
have  "been  in  danger  of  being  murdered  by 
them. 

L.  C.  J.  Now  you  have  an  account,  Mr.  Hill, 
bow  he  came  to  deny,  and  how  soon  be  recant* 
ed  his  denial. 

Justice  Jones.  Yon  are  upon  your  oath^Mr* 
Praunce :'  Is  this  all  true  that  he  hath  said  f 

Praunce.    Yes,  my  lord,  it  is. 

Recorder.  How  hath  he  behaved  himself 
since  that  time  ? 

Captain  Richardson.  As  soberly  as  can  be, 
since  be  had  his  pardon; 

Ait.  Gen.  Pray,  since  that  time,  have  you 
had  any  discourse  with  him  ?  Aad  how  did  he 
carry  himself? 

Captain  Richardson.    Very  soberly. 

Att.  Gen.  Did  he  express  any  abhorrence  of 
the  practice  of  that  church? 

Captain  Richardson.  Yes,  my  lord,  he  did 
so. 

Att.  Gen.  I  hope  it  will  make  all  people 
abhor  and  forsake  them  in  time,  if  these  be 
their  practices.  In  the  next  place,  my  lord, 
we  will  call  Mr.  Bedlow,  who,  though  he  was 
not  present  at  the  murder,  yet  he  saw  the  body 
after  it  was  dead  in  Somerset- house,  which 
goes  to  the  matter  as  to  the  place ;  and  be 
will  give  you  some  circumstances  which  will 
very  much  corroborate  the  testimony  of  Mr. 
Praunce. 

Justice  Wild.  What  time  was  it  before 
they  carried  him  in,  after  they  bad  killed  him  I 

Is.  C.  J.  Brother,  I  think  they  say,  between 
eight  and  nine  they  decoyed  htm  through  the 
water-gate.    Was  it  not  so  ? 

Praunce.    Yes,  my  lord. 

Justice  Wild.  How  long  had  they  killed  him 
before  they  carried  him  into  the  room  ? 

Praunce.    About  a  quarter  of  an  hoar.  - 

Justice  Wild.   Had  he  bis  sword  about  him  ? 

Praunce.    Yes,  it  was  found  run  through  - 
him. 

Justice  Wild.  Did  sir  £.  Godfrey  himself 
draw  his  sword  ? 

Praunce.  No,  he  was  strangled  by  surprise, 
by  getting  a  thing  about  his*  neck,  and  prevent- 
ed him  of  drawing  bis  sword. 

L.  C.  J.  They  were  persons  that  were  ready 
prepared  for  him,  they  would  riot  permit  him  to 
defend  himself. 

Serjeant  Stringer.  My  lord, before  Mr.'  Bed- 
low  be  sworn,  I  desire  a'  little  to  open  what  we 
call  bim  to.  My  lord,  there  were  four  priests  ' 
that  did  design  this  murder;  Le  Fair*  and 
Welsh,  and  Girald  and  Kelly,  besides  the  other 
priests ;  and  they  treated  with  Mr.  Bedlow  for 
4,000/.  to  undertake  to  kill  a  gentleman.  My  • 
lord,  he  did  promise  to  undertake  it,  but  fail- 
ing of  his  promise,  afterwards  Le  Fair*  snet 
hiiu,  aad  told  bin  it  was  done :   and  tofcr  him 

N 


K9)  $E4TB7RiA^3tGtt»A^  [Ma 

be  should  live  half-  $et  rewaud  to  kelp  ta 
wrykita off;  and withal, carried  him mta the 
mom.  when  the  hodj  was.  And  be  will  tell 
you  Ibat  Praunce  was  in  the  room  when  he 
saw  him ;  and  though.be  never  knew  Praaace 
before,  yet  when  he  met  him  in  the  lobby  of  the 
lards?  Hfuise,  he  knew  kirn  again*  and;  charged 
fejm  as  the  n*in.  that  com  nutted  this  fact.  And 
he  will  acquaint  your  lordship,  that  Le  Faire 
$jiw,  the  body  bkiwiae,  and  gave  Mr.  Bt  dlow 
an  account  of  ilic>  murder,  with  the  same  cir- 
cumstances that  Prauoce  now  relates  it. 

Tbcn  Mr.  Bcdfow  was  swor,n. 

Recorder,  Mr.  Bedknv,  pray  do  you  direct 
J»ttr.  discourse  tfr  the  Jtney. 

X.  C.  J.  Mr.  Attorney,  pray  d»  you  ask  him 
yper  questions*  Uwt  you.  may  put  him.  in  that 
method  you  would  have  him  tab*,  to  give  his 
ejwieAce* 

AU*  G*n*  My  loroV  I  would,  first  ask  him 
this  question :  What  conference  he  had  with 
any  person*,  pfciests  of  others,  about  murderieg 

afr^bady? 

Bedlow.  My  lord,  and  die  .Jury,  I  have  at 
other  tama%  and  in  othec  places,  proved  what 
familiarity  I  have  had  with  the  priests  and  Je- 
suits;, and  if- 1. have  not  satisfied  the  Court  and 
otheis,  about  it;  yet  I  have  done  my  duty  in  en- 
dflamaurieg  so  to  do*  My  lord,  I  hire  been  se- 
veral time*  treated  with,  not  only  about  the 
piot,  but  by.  several  persona  about  murdering  of 
a,  gentleman.  They  never  told  me  who  it  was 
that  was  to- be  murdered ;  but  if  I  would  an* 
dlutalae  it,  they,  thai,  is;  tie  Faire  end  Pritchard, 
and.  Mr*  Haines,  and  several  other  priests,  who 
discoursed  with  me  about  it,  would  find  out 
some  to  assist  me,  and.  my  reward  should  be 
vera  considerable. 

X.  C.J.  When  wet  this? 

Btdkm.  It  was  in  October  last,  about  the 
beginning,  or  the  latter  end  of  September. 

X.  C.  J.    Well,  Sirr  go  on. 

Bidiam.  I  did  adhere  to  them- all  along,  for 
I  had  a  mind  to  discover  two  years  ago,  bet 
was  prevented ;  and  L  only  drilled  them  on,  to 
knew  the  party,  tfaet  I  might  prevent  them. 
Bat.  they  would  never  discover  the  party* 

Att.  Gen.  Pr'ythee  come  to  this  particular 
part  of  the  story. 

Bedlow.  Afterwards  they  -set  me  to  insi- 
nuate myself  into  the  acquaintance,  of  sir  £. 
Godfrey,  not  telling  me  they  had  a.  desigtuipon 
him. 

i*e,j.  who  did? 

Bedto*.  Le  Faire,  and  Pritchard,  and 
Welsh. 

X.  C.  X  Girald  was  not  one,  was  he  ? 

Bedkm.  No,  my  lord :  But  they  told  me, 
that  afterwards  they  would  have  me  introduce 
them  into  his  acquaintance  t  And  I  had  been,  I 
think,  six  or  seven  days  together  with  sir  £. 
Godfrey,  at  his  house ;  and  had  got  much  into 
his  acquaintance. 

-Justice  Wild.  By  what  means  did  yon  get 
inje*  his  acquaintance  ? 

Bedlam.    Why,  I  pretended  to  get  warrants 


for  the  good  behaviour  against,  persona,  tkat 
there  were  none  such. 
X.  C.  J.    Well,  and  whet  then  i 
Bcdlow.  This  was  the  week  before  theSator^ 
day  that  he  was  killed ;   and  I  was  there  every 
day  but  Saturday  :  On  the  Friday  I  went  ta  the 
Greyhound  tavern,  and  I  sent  my  boy  to  see  if 
sir  E.  Godfrey  were  at  home :    sir  E.  Godfrey 
was  not  at  home  then. 
•X.  C.  X     When  was  that  ? 

Bedlow.  The  very  day  before  he  wea kitted? 
If  he  had  been  at  liome,  I  would  have  goee 
over  to  him,  and  would  hare  desired  him  to  g*> 
over  to>  them. 

X.  C.  J.    Were  the  priests  there  ? 

Bedlow,  Yes,  my  lord,  there  wae  Pritciiard,. 
and  Le  .Faire,  and  Welsh  tfud  Kaines,  and 
another ;  five  Jesuits :  And,  as  I  said,  I  sent; 
my  boy  to  see  if  he  were  at  home,  and  hW 
brought  me  word  be  was  net ;  and  if  he  bad, 
i  was  to  hare  gone  to  him,  to  have  fetched? 
him  thither,  that  they  might  insinuate  them-* 
selves,  iuta  his  acquaintance  :  And  indeed  they 
had  tongue  enough  to  wheedle  themselves  nueV 
any  one's  acquaintance :  So  he  not  being  at- 
liome,  we  came  into  the  city,  two  of  she  Je* 
suits  and  I. 

Att.  Gen.    Which  two  ? 

Bedlow.  Le  Faire  and  Welsh.  The  neat; 
morning  Le  Faire  came  to  my  chamber,  and  I 
wee  not  then  within  ;  but  by  accident,  I  me* 
him,  about  four  of  the  dock,  iivLincolnVIoo- 
Fields*  We  went  to  the  PalsgrareVHead 
taveru ;  where  falling  into  discourse,  he  told- 
me  there  was  a  gentleman  there  that  was  to  be) 
put  out  of  tbe  way,  that  was  the  phrase  her* 
used,  he  did  not  really  say  murder  him;  for 
they  do  not  coont  it  murder, 

is.  C.  J.    No,  no ;  they  put  it  into  softer  * 
terms. 

Bedlow.    They  told  me  it  was  to  be  done* 
to-night.    I  asked  who  it  was ;  they  said   it 
was  a  very  material  man  :  For  he  had  all  the 
informations,  that  Mr.  Gate*  and  Dr*  Tengoe- 
had  given  in  ;  that  several  had  been  empfovedV 
in  the  doing  it;  that  several  attempts  bad 
been  made,  and  that  they  had  missed  severer 
opportunities,  and  had  not  done  it  till  then  ; 
but  if  he  should  not  be  taken  out  of  tbe  way, 
and  the  papers  taken  from  him,  tbe  business 
would  be  so  obstructed,  and  go  near  te  be  die*-  - 
covered,  to  that  degree,  that  they  would  not  be 
able  to  bring  this  design  to  pass,  bat  must  stmy 
till  another  age  before  they  should  effect  it. 
I  asked  him  again,  who  it  was ;  he  said  tie 
would  not  tell  me,  but  it  was  a  very  materiel' 
men.    I  told  him,  that  according  to  my  pro- 
mise, I  would  assist :  but  in  such  a  ease,  T 
should  need  a  great  many  men  to  be  with  me, 
he  being  so  considerable  a  person.    I  asked ' 
him  then,  where  the  money  was,  that  was  for* 
merly  promised  ?  He  told  me  no  worse  a  man 
was  engaged  in  it,  than  my  lord  Bellasis,  and 
Mr.  Coleman  had  order  to  pay  it. 

Justice  Jtinei.    What  was  the  reward  ?• 

Bedlow.    Four  thousand  pounds. 

X.  C.  X    Who  was  it  that  first  named  this 


tWl  STAR  TWALS,  $)  Chaixes  II.  IJffftHrV  the MufdcrqfStr  E.  Gbflrej.  %\\+& 

they  thought  I  had  not  known  him.    1  diked 
who  it  was,  they  said  it  wh,»  wan  that  belong- 
ed  to   a   person  of  quality.    I   «u  mightily 
struck  nnd  daunted  when  I  knew  him  :  I  woufd 
fiii a  hate  persuaded  them  to  hare  tied  weighs 
at  his  head  nnd  feet,  and  thrown  him  into  tht 
river ;  and  afterwards  I  would  liave  dragged 
for  him*  and  took  him  up  there.    But  they  dzfl 
not  think  that  so  safe  t  No  (said  they),  we  will 
put  it  upon  himself  there  are  none  but  friends 
concerned.    I  asked  Le  Paire  bow  they  should 
5*t  him  out  ?  They  said,  in  a  chair.   l*hen  I 
asked  them,  which  way  they  would  get  mat 
into  tike  dhnir,  and  out  of  the  gate  ?  They  Said 
the  porter  was  to  sit  up  to  let  them  out. 
Recorder.    What  porter  r 
Bediow.   The  porter  of  the  house 
Recorder.    Who,  Berry  I 
Bediow.    Yes :  As  for  that  Hill,  or  tire  ol«L 
man,  I  do  not  know  that  I  ever  had  any  par- 
ticular knowledge  of  them;  but  only  I  looked 
upon  them  as  ill  designing  men,  seeing  them 
in  the  chapel. 

L.C.J.    Did  you  ever  see  ever  a  one  of  tht 
three  prisoners  there  at  that  time  ? 

Bedlem.  No,  my  lord  :  But  I  have  such  a 
remembrance  of  faces,  that  I  could  tell  if  % 
•aw  them  again,  any  that  I  did  see  there, 
though  the  light  was  but  small.  They  told  me, 
They  had  strangled  him ;  hut  how,  I  did  not 
know.  When  they  pressed  me  to  help  to  carry 
him  out,  I  then  excused  myself,  "and  said,  ft 
was  too  early  to  carry  him  out  yet ;  but  about 
eleven  or  twelve  o'clock  would  be  a  better 
time.  And  I  assured  them  I  would  comb 
ngam.  Said  Le  Fuire  to  ine,  '  Upon  the  sacra- 
ment you  took  on  Thursday,  you  will  be  at  the 
carrying  off  of  this  man  at  night  ?  I  promised 
htm  I  would.  And  be  went  uway^  and  left  tub 
there.  I  made  what  speed  away  I  coald,  for 
1  was  very  unsatisfied  in  myself;  having  so 
great  a  charge  upon  me,  ai  the  sacrament  oft  he 
altar*  which,  after  the  discovery  of  the  plot,  was 
administered  to  me  twice  a  week  to  conceal 
it.  I  coald  not  tell  bow  to  discover  it :  I  went 
then  to  Bristol,  but  very  restless  and  disturbed 
m  my  mind;  and  being  persuaded  by  wha$ 
God  was  pleased  to  put  into  my  mind,  calling 
to  remembrance  that  some  murders  had  seen 
already  committed*  tnd  greater  ones  were 
daily  intended,  I  Wat  at  last  convinced  and 
coald  no  longer  forbear  discovery.  I  wrote  to 
the  secretary  of  it,  and  went  lb  the  parliament 
and  gave  in  my  information.  And  one  day  I 
met  with  Mr.  Pretence  in  the  lobby,  and  knew 
him,  and  apprehended  him. 

Ait.  Qih.  I  will  ask  Jou  one  question.  Had 
you  any  discourse  with  Mr.  Praunce  between 
the  tinle  ydu  saw  him  with  the  bod£,  aba4  the 
day  he  was  apprehended  ? 

Bsdhw.  No  j  t  never  saw  him  to  this  day, 
to  have  any  converse  with  him. 

Justice  WM>  Did  not  ton  see  Hill  that 
night,  when  you  were  to  have  carried  him 
away? 

BddvMD.   No,  m?  lord. 
JuricglfitaV  Nor Crteb^no¥ Berry? 


erwdessan  to  yon  Us  be)  sir  Edmimdbary  Goer- 

Bedim.  They  never  named  him  to  roe 
ataJL 

JLC  J.  Let  us  know  when  yon  first  knew 
it  to  be  sir  Sdmwmibury  Godfrey  ? 

Bedhw.  I  parted  with  him  then,  but  came 
not  according  to  my  promise.  I  was  to  meet 
aim  at  the  cloisters  at  Somerset-house  that 
tigs*:  bat  I  knew  their  design  was  to  murder 
Dswjcuudy,  and  I  would  not  come.  I  taw  him 
bo  snore  oil  Mowday  mgbt ;  theu  I  met  him  in 
Bed- Lion-Court,  where  be  put  up  his  cane  to 
ass  nose,  aw  who  sbousd  say,  I  was  to  blame  in 
not  keeping  my  promise.  And  we  weat  toge- 
ther to  the  Greyhound  tavern  in  Fleet-street, 
where  he  charged  me  with  my  breach  of  pro- 
I  tutd  mm  I  was  taken  up  by  other 

merry*  and  enless  they  would  tell  me  who  it 
I  was  to  kill,  I  would  have  no  hand  in  it : 
For  I  eld  not  know  but  that  h  might  be  my  own 
particular  friend.  And  I  would  not  morder 
any  private  person,  wntesa  I  knew  who  it  was, 
asm  for  what  reason.  Well,  says  lie,  we  will 
td)  you  more  anon  if  you  meet  me  to-night  at 
SeuwAseMiouse,  at  nine  o'clock.  I  did  meet 
him  exactly  at  that  time  in  the  cloisters,  where 
we  walked,  and  talked  a  great  while.  And 
then  he  took  me  into  the  middle  of  tbe  courts 
anil  told  me,  you  have  done  ill,  that  you  did 
not  help  in  ihts  business ;  bat  if  yon  will  help 
to  carry  him  off,  yon  shall  hate  half  the  reward. 
Why,  said  I,  is  he  murdered  ?  Yes,  said  he. 
May  I  not  set)  hhn,  said  i  ?  Yes,  you  may,  sard 
he  ;  anal  so  took  me  by  the  hand,  and  led  rte 
into  the  room  through  a  dark  entry.  In  the 
room  were  a  great  many,  I  cannot  tell  who 
they  all  were. 

Att.  Gen.    How  many  were  there  ? 

Bediow.  There  might  stand  a  great  many 
behind  one  another.    I  saw  four  or  five. 

JmtoctJomru  What  kind  of  a  light  bad  they, 
Mr.  Praunce  ? 

Prtmnee.    It  was  a  middle  sited  lanthoro. 

Justice  Jesus.  Was  *  a  emaH  light*  er  a  great 

light? 
Bediow.    It  was  a  small  light. 
Jaetset  Jbnea.    Had  they  no  light  but  that 

Bediow.  No :  Add  they  did  riot  open  it  till 
I  had  had  a  turn  about  the  room. 

L.  €.  J.    Did  they  diseovrse  df  carrying  hind 

Bedhw.    Yes,  they  die. 

L.  C.  J.    Dili  yoa  know  liioa,  whom  he  lay 

? 
Bediow-  Yes,  your  lordsliip  shall  bear  how 
sokawwhnu:  One  tiered  to  the  body ; 
off  oh*  thing  that  la)  upon  him,  and 
it  and  looked  apod  hint;  and  he  had  got 
about  bis  neck  each  ft  kind  of  a  fashioned  cravat 
aa  this  about  dry  neck  ;  and  I  wont  to  try,  and 
coald  not  gdt  ay  finger  in  betwitt :  So  i  saw 
him,  his  besom  wee  sal  eeeir>  and  1  knew  him 
prehBttry;  for  those  Jesuits  that  were  there, 
were  not  the**  wbw  hail  esnpioyed  me  to  ibsi- 
ume  mjself  m**  *■*  we^awMancij  and  so 


168J   STATE  TRIALS,  31  Charlks  JJ.  1679 Trial  &  Green,  Berry,  andlW,  [1S4 


Bedlam.  Green  I  did  see  about  tbe  coort, 
and  Berry,  I  was  told,  was  to  open  the  gate 
that  Monday  night.  But,  my  lord,  when  they 
found  I  did  not  come  again,  they  desisted  that 
night,  and  kept  it  off  longer,  for  fear  I  should 
come  again  to  stop  them. 

Att.  Gen.  lie  did  not  refuse  to  help  them, 
bat  promised  to  do  it,  and  tidied :  And  they 
finding  tliat  he  had  failed  them,  would  not  let 
the  body  Ke  where  it  was,  for  fear  of  discovery, 
hut  removed  it  back  again. 

Justice  Dolben.  What  did  Praunce  say, 
when  you  first  took  notice  of  biui  ? 

Bedlow.  I  understood  afterwards  that  he 
"was  taken  upon  suspicion,  because  at  that  time 
lis  maid  had  made  a  discovery,  that  he  was 
about  that  time  out  of  his  lodgings.  And 
while  he  was  there  in  the  constable's  hands, 
Mr.  Oates  came  by,  and  he  desired  to  see  him; 
and  presently  after  I  came  thither,  and  the 
constable  asked  him,  Mr.  Praunce,  will  you 
see  Mr.  Bedlow  ?  No,  he  said,  he  would  not : 
Then  he  put  his  hat  over  his  eyes,  that  I  migbt 
not  see  his  nice,  and  kept  it  so.  The  press 
keing  great,  and  being  desirous  to  be  private 
myself;  I  spoke  to  the  guard  to  put  out  all  that 
had  no  business  there^and  they  cried  out,  that 
all  should  avoid  the  room,  but  Mr.  Bedlow 
and  hjs  friends.  And  when  he  was  going  out 
with  the  rest,  be  lifted  up  his  hat,  to  see  his 
way ;  and  though  before  I  did  not  mind  him, 
yet  1  happened  at  his  passing  by  me,  to  cast  my 
eyes  upon  his  face,  and  presently  knew  him,  and 
cried,  Oh  1  pray,  sir,  sjay;  you  are  one  of  my 
friends  that  must  stay  here.  And  I  presently 
charged  my  guards  to  take  charge  of  him.  Saith 
the  constable,  be  is  my  prisoner :  Is  he  so  ?  said 
I;  then  you  have  a  very  good  prisoner,  and 
pray  look  safe  to  him.  And  then  when  I  went 
into  the  House  of  Lords  I  made  out  my  charge 
against  him. 

Recorder.  Now  if  tbe  prisoners  have  any 
questions  to  ask  Mr.  Bedlow,  they  may  have 
ire*  liberty  to  do  it. 

HitL  I  never  saw  him  before  in  my  life. 

X.  C  J.  Do  you  know  any  of  them  ? 

Bedlow.  I  know  Mr.  Berry  and  Green  very 
well. 

X.  CL  J.  Pray,  Mr.  Praunce  j  was  the  dark 
laothorn  at  Hill's  lodgings,  or  at  the  other  place; 

Praunce.  At  tbe  other  place. 

JL  C.  J.  .Look  you  here,  Mr.  Praunce;  they 
carried  him  to  Hill's  on  Saturday  night,  and  be 
lay  there  till  Monday  night :  what  time  on 
l&oodey  night,  was  it  that  they  removed  him 
into  Somerset-House  ? 

Praunce,  I  was  not  there  when  they  did  re- 
wove  him. 

X.  C.J.  Whet  time  did  yon  see  him  there  r 

Praunce.  About  nine  or  ten  o'clock. 

X.  C,  J.  What  time  was  it  that  you  saw  him 
there,  Mr.  Bedlow  ? 

Bedlow.  It  was  after  nine,  my  Lord. 

Praunce.  They  had  then  removed  him  to 
Somerset-House,  and  Mr.  Hill  asked  what  they 
intended  to  do  with  the  body  ?  l*hey  said,  they 
would  ctarj  i*  out  that  night;  hut  they  did  Dot. 


But  there  the  dark  lanthorn  was,  and  ou  Tues- 
day night  they  removed  him  back  again. 

Att.  Gen.  Now,  My  Lord,  if  you  please,  we 
shall  go  on  to  call  some  witnesses  that  were  not 
present  at  the  murder;  for  direct  evidence,  as 
to  that,  came  onl)  out  of  the  mouth  of  some 
that  were  concerned  in  it ;  but  to  corroborate, 
by  concurrent  circumstances,  the  testimony 
which  hath  been  already  given.  And  first  we 
shall  call  the  constable,  to  prove  that  he  found 
Sir  £.  Godfrey  in  the  field*,  in  the  same  man- 
ner which  Mr.  Praunce  says  they  told  him  they 
left  him. 

X.  C.  J.  Mr.  Attorney,  you  promised  you 
would  prove,  that  when  these  persons  were  ex* 
amined,  they  did  deny  before  tbe  House  of 
Lords  that  they  knew  Praunce. 

Ait.  Gen.  My  lord,  in  that  we  were  mistaken. 
I  understand  now,  it  was  only  Berry  denied 
that  he  did  know  Girald. 

X.  C.  J.  Why,  did  yon  never  know  Mr.  Gk 
raid? 

Berry.  Never  in  my  life. 

X.  C.  J.  Mr.  Praunce,  have  not  you  seea 
Girald  with  Berry. 

Praunce.  Yes,  I  have,  but  they  usually  went 
by  several  names. 

X.  C.  J.  Did  you  ever  see  Girnld  in  Hill's 
company?— Prartnre.  Yes,  that  1  have. 

X.  C.  J.  Was  there  no  centinel  set  that 
Monday  night,  that  Saturday  uight,  and  that 
Wednesday  night  ?  * 

Praunce.  My  Lord,  I  am  not  certain,  I  took 
notice  of  none ;  if  there  were  any,  they  were 
at  Berry's  house,  and  be  opened  the  gate  when 
we  came  out  with  the  sedan. 

Att.  Gen.  Mr.  Berry,  I  suppose,  could  take 
order  with  the  centinel,  and  give  them  some 
entertaiumeut  in  his  own  lodge. 

Then  Mr.  Brown  the  Constable  was  sworn.  , 

Recorder.  Pray,  in.  what  posture  did  you  find 
sir  E.  Godfrey  ? 

Brown.  I  fnund  him  my  Lord,  in  a  ditch, 
with  his  sword  through  him,  and  the  end  of  it 
was  two  hand  fulls  out  of  his  back. 

X.  C.  J.  Was  lie  bloody  ? 

Brown.  There  was  no  blood  at  all,  there  was 
no  blood  in  the  ditch. 

X,  C.  J.  Was  the  sword  sticking  in  his  bod  j  ? 

Brown.  Yes,  my -Lord,  but  there  was  no 
blood  at  all  when  it  was  taken  out ;  they  bad 
run  it  into  another  place,  but  that  happened  to 
be  against  a  rib,  and  so  it  could  not  go  through  ; 
but  theat  was  no  blood  there. 

Justice  Jones.  Were  there  any  bruises  on  his 
breast?  ,     . 

Brown.  He  did  look  black  about  the  breast. 

Att.  Gen.  My  Lord,  I  would  ask  whether 
his  neck  were  broken  ? 

Brown.  Yes  I  suppose  it  was.  * 

X.  C  X  How  do  you  know  it  ? 

Brown.  It  waa  very  weak,  and  one  might 
turn  his  bead  from  one  shoulder  to  the  other* 

L.  C.  J.  Where  was  bis  stick  and  glovet* 

Brown.-  They  were  on  tbe  bank-side* 

JL  C.  J.  Whose  iwoutwastfi 


16S]  STATE  1WA1A  SI  Chailbs  II.  HI79*-/«r  the  Murder  fSrIL  Gsnfky.  [*** 


ts  said  it  was  hit  own. 


Hm 
Att.  Gesu  Pray,  had  he  any  money  in  his 


Ycs{  a  great  deal  of  gold  and  silver. 
L  &  J,  Ay,  ay,  for  they  count  theft  tin  but 


Wskni  $her  left  that,  to  let  men  thiok 
fcnanderedMatieaf. 

L  C.  J.  Well,  wiQ  yooaak  this  witoessany 
qieaioes  before  be  goes? 

Ctet  Rtchardson.  They  say  they  will  ask 
hmabne. 

Att.  Gen.  Then  we  desire  to  call  the  chirur- 
poss  that  ? iewed  and  opened  the  body,  Mr. 
SUbrd,  and  Mr.   Cambridge.     Both  whom 


Att.  Gem.  We  begin  with  Mr.  Skillard: 
ftsy,  sir,  iaformaoy  Laid  and  the  Jury,  did  yon 
a*  the  body  of  sir  £.  Godfrey  ? 

SkilLrd.  Yes,  I  did  view  the  body. 

Ait.  Gen.  When  ?  What  time  did  you  see  it  ? 

SkUUrd.  About  twelve  of  the  clock. 

Att.  Gen.  What  day  of  the  week  was  it  ? 

SkiUsrd.  On  Friday,  the  next  day  after  be 
wisfoQod. 

AlL  Gen.  Did  you  observe  bis  breast  ?  How 

wait 

ShlUrd.  His  breast  was  all  beaten  with 
•one  obtuse  weapon,  either  with  the  feet,  or 
bss\  or  somet  hing. 

Att.  Gen.  Did  you  observe  his  neck  ? 

Skillard.  Yes ;  it  was  distorted. 

Ait.  Gen.  How  far  ? 

SkUUrd.  You  might  have  taken  the  chin,  and 
km  set  it  upon  either  shoulder. 

Att.  Gen.  Did  you  observe  tbe  wound  ? 

Sktilard.  Yes,  I  did  :  it  went  in  at  one  place 
ud  Hopped  at  a  rib,  the  other  plaee  it  was 
ssite  through  the  body  r 

Alt.  Gen.  Do  you  think  be  was  killed  by 
tint  wound? 

SUUard.  No;  for  then  there  would  have 
beta  tome  evacuation  of  blood,  which  there 
*v  sot  And  besides,  his  bosom  was  open, 
tod  he  had  a  flannel  waistcoat  «nd  a  shirt  on ; 
ud  neither  those,  nor  any  of  his  clothes  were 
P»su«ed. 

AtL  Gen.  Bat  are  yon  sore 'his  neck  had 
»»  broken  ? 

&*llard.    Yes,  I  am  sure. 

Att.  Gen.  Because  some  have  been  of  opt- 
^thtthe  hanged  himself 7  and  his  relations, 
toaavw sua  estate,  run  him  through;  I  would 
^Mtoasktecharttrfeon  what  he  thinks  of  it. 
JwlW.  There  was  more  done  to  his  neck 
tJ»*w  ordinary  sutibcation;  the  wound  went 
J«*sgh  hm  »ary  heart,  and  there  would. have 
■Ppasuii  tome  blood,  it*  it  had  been  done 
Wlj  after  his  death. 

Ak.  Gen,  Did  it  appear  bv  the  View  of  the 
■*£>  that  he  was  strangled  or  hanged  ? 

Sfcuwrd.  He  was  a  lean  man,  'and  his  mus- 
ncs,  if  he  had  died  of  the  wound,  would  have 
tea  Ungjd:  And  then  again,  all  strangled 
gople  never  swell,  because  there  is  a  suddea 
Jpmatipn  of  all  the  spirits,  and  a  Hindering  of 
•1  escalation  of  the  blood. 


Att.  Gen.  How  long  do  yon  believe  he 
might  be  dead  before  you  saw  him? 

Skillard.  I  believe  fear  or  five  days*  And 
they  might  have  kepc.him  a  week,  and  he  never 
swelled  at  all,  being  a  lean  mao.  And  when 
we  ripped  him  up,  he  began  for  to  petrify;  we 
made  two  incisions  to  give  it  vent,  and  ihe<  li- 
quor that  was  iu  his  body  did  a  little  smell. 
The  very  lean  hesli  was  so  near  turned  into  pa* 
trefaetion,  that  it  stuck  to  tbe  instrument  when 
we  cut  it. 

Recorder.  My  lord,  here  is  another  chirur* 
geou,  Mr.  Cambridge.  Fray,  sir,  are  you  sworu  ? 

Cambridge.    Yes,  I  am. 

Recorder.  When  did  you  see  the  body  of 
sir  £.  Godfrey  ? 

Cambridge.  Upon  Friday,  tbe  very  sasae 
day  the  geutteman  did.  1  round  his  neck  dis- 
located, and  his  breast  very  much  beaten -and 
bruised.  And. I  found  two  punctures  under. bis 
left  pap,  the  one  went  against  the  rib,  and  the 
other  quite  through  the  body  under  the  left  pap. 

Att.  Oen.  Do  you  believe  that  wound  was 
the  occasion  of  his  death? 

Cambridge.  No;  I  believe  it  was  given 
him  after  his  death. 

L.  C.  J.    And  bis  neck  was  broke  ? 

Cambridge.    His  neck  was  dislocated,  sir.. 

Att.  Gen.  Why,  that  is  broken.  Now  my 
lord,  we  shall  call  wr  £.  Godfrey's  maid,  Elian* 
beth  Curtis.    Swear  tier.     Which  was  done    • 

Recorder.  Your  lordship  knows,  that  Mr: 
Praunce  did  say  in  tbe  beginning,  that  they  had 
been  several  times  at  his  house,  enquiring  for 
him :  Now  we  call  this  person  to  tell  you  what 
she  knows  about  that.  f 

Att.  Gen.  Elizabeth  Curtis,  look  upon  the 
prisoners,  and  tell  my  lord  and  the  Jury  whe- 
ther you  know  any  of  tbein  or  no. 

Eliz.  Curtis.  This  man  that  I  now  heat 
called  Green,  my  lord,  was  at  my  master's 
about  a  fortnight  before  be  died. 

L.  C.J.    What  to  dor 

Eliz.  Curtis.  I  do  not  know,  bnt  he  asked 
for  sir  £.  Godfrey. 

X.  C.  J.    What  time  of  the  day  was  it? 

Eli*.  Curtis.    It  was  in  the  morning. 

Att.  Gen.     What  did  he  say  ? 

Eliz.  Curtis.  Fie  asked  for  sir  £.  Godfrey, 
and  wlien  be  cuoie  to  him,  he  said,  Good  mor- 
row, sir,  in  English,  and  afterwards  spoke  to 
him  in  (French-,  I  could  not  understand  him. 

Recorder.  I  desire  she  may  consider  well ; 
look  upon  him. 

Elix.  Curtis.    That  is  the  man. 

Green.  Upon  my  soul,  I  never  saw  him  ia 
all  my  life. 

Elix.  Curtit.  He  had  a  dark  coloured  peri- 
wig wben.be  was  there,  and  was  about  a  quarter 
of  an  hour  talking  with  my  master.  '  . 

Att.  Gen.    Are  yon  sure  this  was  tbe  manf 

Eliz.  Curtis.  Yes,  I  am  ;  and  that  other 
man,  Hill,  was  there  that  Saturday  morning,  and 
did  speak  with  him  before  he  went  out. 

L.  C.J.    That  you  will  deny  too? 

EilL    Yes,  I  do. 

X.  C.  /.    kHow  do  you  know  he  was  there  ? 


W)   STATE  TRttiS,  »#  Ca**fc»  1L  1679.^rr^^Ofww»Jbrty,«BtJfi»   (13* 

•  £#&  Curtis,    1  was  in  the  parlour  at  chat 
time,  making  up  the  fire. 
,    X.  C.  J.    Had  you  ever  seen  Urn  before  tbnt 
time? 

>  JE/i*.  Ci<r(t«.  No,  never  before  that  time.  I 
went  into  the  parlour  lo  carry  my  master's 
breakfast,  and  brought  a  bunch  of  keys  with 
me  iay  end  there  Hill  was  with  him.  And  I 
went  tap  stairs  about  some  business,  and  came 
down  again,  wanting  the  keys,  which  I  had  left 
upon  the  table,  and  Ilill  was  all  that  time  with 
my  master. 

Sol.  Gen.    How  do  you  know  he  was  there  ? 

•  Eiiz.  Curtis.    I  was  in  the  parloor,  and  stir- 
red up  the  fire,  and  he  was  there  a  good  while. 

Justice  Jones.     How  long  after  did  you  see 
fetmaitaiu? 

Eiiz  Curtis.  Not  till  I  aaw  htm  in  Newgate. 

Justice  Jones.  How  long  was  that  afterwards  ? 

Eiiz.  Cur  fa.     A  month  ago.:     But  it  is  not 
the  man  tbat  brought  the  note  to  my  master. 

Att.  Gen.    What  note  ? 
v   Eiiz.  Curtis.    A  note  that  a  man  brought  to 
my  master  that  night  before. 

Att.  Gen.    What  is  become  of  that  note  ? 

Eiiz.  Curtis.     My  lord,  I  cannot  t^H,  my 
master  had  it. 

Att.  Gen.    Pr'ythee  tell  us  the  story  of  it. 

Eiiz.  Curtis.  There  was  a  man  came  to  my 
master's  house,  and  asked  if  sir  £.  Godfrey  were 
within.  He  said  he  had  a  letter  for  him ;  and 
shewed  it  me ;  it  was  tied  up  in  a  knot.  I  told 
htm  my  master  was  within,  but  busy ;  but,  said 
I,  if  you  please,  I  will  carry  it  in  to  him.  He 
did  so,  and  I  gave  it  to  my  master ;  when  I 
went  out  again,  the  man  stayed  and  asked  for 
•a  answer :  I  went  in  again,  and  told  my  mas- 
ter, that  the  roan  required  an  answer.  Pr'y- 
thee, said  he,  tell' him,  I  don't  know  what  to 
make  of  it. 
.   Justice  Wild.    When  was  that  ? 

EUz.  Curtis.    On  Friday  night. 

Justice  Wild.    When  r  The  Friday  night  be- 
fore he  was  murdered  ? 

Eiiz.  Curtis.    Yes. 

Att.  Gen.  But  you  swear,  that  Hill  was  there 
the  Saturday  morning. 

Eiiz.  Curtis.    Yes,  he  was.  > 

Sol.  Gen.    In  what  clothes  was  her  then  ? 

Eiiz.  Curtis.    The  same  clothes  that  lie  hath 


now.- 

Justice  Wild.  Are  you  sure  they  are  the 
same  clothes?    Elis.  Curtis.    Yes. 

Sol.  Gen.  Here  is  a  great  circumstance,  my 
lord.  I  asked  her  what  clQtbes  he  was  is,  when 
hie  came  to  sir  B.  Godfrey's  r  and  she  saith  the 
same  that  he  hath  now. 

L.  C.  J.  Have  you  ever  shifted  your  clothes? 
.   Bill.    No,  indeed,  I  have  not. 

Eiiz.  Curtis.  But  for  the  man  tbat  brought 
the  note,  I  cannot  swear  it  is  he. 

MM*  But  she  did  say,  when  she  came  to 
tee  me  in  Newgate,  that  she  never  saw  me  m 
my  life;  and,  my  lord,  I  hope  I  have  sufficient 
witnesses  to  prove  where  I  was  that. morning. 

JL  C.  J.  She  says,  she  cannot  sweat  you 
Welt  the  man  that  brought  the  tote* 


Hill.  &fy  lard,  I  desire  ehe  will  Veil  mt  about 
what  time  u  was  I  was  there. 

EUz.  Curtis.     It  was  about  9  or  lOa'dbelr. 

Alt.  Gtn.  That  agrees  with  Mr.  Prorate's 
exactly  in  point  of  tune.  Now,  if  your  lordship 
please,  we  will  proceed,  and  call  Mr.  lanoelfot 
Stringer*  and  Mr.  Vincent*     • 

Recorder.  My  lord,  we  do  call  these  wk*. 
uesjses  to  prove,  tbat  these  men  had  meetings 
with  Mr.  Praunce  at  the  Plow. 

Then  was  Jjancellot  Stringet  sworn. 

Recorder.  Pray  tell  my  lord  and  the  jury, 
wire t her  you  know  Mr.  Praunce* 

L.  Sinnger.    Yes,  sir,  1  do. 

Recorder.  Have  you  seen  him  at  the  Plow? 
at  any  time  f—  L.  Stringer.  Yes,  sir,  I  have. 

Recorder*  In  what  company  there  ?  Was 
Mr.  Green  there? 

L.  Stringer.    Yes,  he  was. 

Recorder.  Which  was  he?  [He  points  to 
him.] 

Recorder.    And  who  else  ? 

L.  Stringer.    There  was  tbat  Hill* 

Att.  Gen.    How  often  ? 

JL  Stringer.    Several  times. 

L.  C.  J.  How  long  before  sir  £.  Godfrey 
was  murdered? 

L.  Stringer.    I  cannot  tell,  my  lord. 

X.  C.  J.    Do  you  remember  any  other  eon 
panv  was  with  him  ? 

L.  Stringer.  Yea,  there  were  several  other 
company. 

Recorder.    Name  them. 

L.  Stringer.  There  was  Mr.  Fitz-Giffakl  an<J 
Mr.  Hill. 

Att.  Gen.  And  yet  Hill  saith,  he  never  saw 
Girakl. 

L.  Stringer.  And  there  was  Kelly,  he  was 
another  of  them,  and  Praunce. 

L.  C.  J.  Did  you  know  Vernatt  ? 

L.  Stringer.  Yes,  my  Lord. 

L.  C*  J.  How  now>  What  say  you  to  it,  Mr. 
Hill,  and  Mr.  Green  ?  Were  you  never  at  the 
Plow,  drinking  with  Mr.  Praunce  ? 

Hill*  Yes,  my  Lord,  several  times* 

L.  C.  J.  What  say  you,  Mr.  Green  ? 

Green.  I  have  drank  with  htm  there. 

L.  C.  J.  Do  you  know  Girald  ? 

Hill.  I  know  one  Girald. 

Sol.  Gen.  Now  will  your  lordship  please  to 
let  me  prove,  that  at  the  council  he  owned  fa* 
knew  Girald  and  Kelly,  and  bow  it  is  proved  h# 
hath  been  in  Kelly's  company,  he  says  be  does 
not  know  Girald. 

Hill.  My  lord,  That  was  a  mistake,  ssr  I  dm 
know  Kelly  by  light;  tbat  is,  I  knew  two  mem 
that- used  the"  chapel  very  much,  and  he  wasejM 
of  them. 

L.  C.  J.  But  you,  witnesses,  say  you  have 
seen  Girald  and  them  together  ? 

L.  Stringer.  Yet,  I  have. 

L.  C.  J.  How  many  times  ? 

JL.  Stringer.  I  cannot  tell  how  maaj,  mty 
lord;  several  times. 

L.  €.  J.  Haw  you  sees  them  twite  **> 
gather? 


Iff]  SIATmTmA13>  51  ChajusssH.  M9~Md*iM*der'tfSbM.  Gotfuy.  [1«0 


JL  Strmgtr.  Yes,  I  have. 

ifcrorrfrr.  Now  to  settle  it,  I  would  e«k  him, 
•iib  yea*  lordship's  favour,  when  be  came  to 
live  with  his  master.  You,  young  man,  when 
did  jou  come  to*  lire  with  jour  master  at  the 
*owr 

JL  Slrimgcr.  Why,  I  hare  been  with  him 


Recorder.  But  when  was  it  you  came  last  to 
Eve  at  the  Plow  ? 

JL  Stringer.  In-  Bartholomew-tide  last. 

Recorder.  Ik  was  but  five  weeks  before  Sir 
Bdsrandhury*  Godfrey  was  murdered. 

JL  C.  J.  Do  you,  Green,  know  Mr.  Girald  ? 

Green.  Yes,  I  do. 

Rreirder.  Theo  pray  swear  Mr.  Vincent. 
Which  was  done. 

Recorder.  Come,  pray  fir,  do  you  live  at  the 

Vmeemt.  Yes,  Sir,  I  do. 

Jfrwifej .  Then  prny,  db»  you  telf  my  lord 
sad  the  jury,  if  you  know  any  of  the  prisoners 
at  the  bar,  and  which  of  them. 

Vincent.  I  know  Mr,  Green. 

Recorder.  Do  you  know  any  body  else  ? 

Vincent*  Yes,  I'  know  Hill,  and  I  know 
Berry. 

Recorder.  Have  you  seen  these  persons  at 
yser  bowse? 

Vincent.  Yes,  I  hare. 

L.  €.7.  With  whom? 

Vincent.  I  can't  tell  every  body  with  whom 

i.  C.  J.  Were  they  there  with  Praunce?' 
Vincent.  Yet,  Sir. 

JL  C.  J.  Did  you  know  one  Girald  ? 
Fhteent.  Yes,  Sir. 

JL  C.  J.  Hath  he  been  at  your  home? 
Vincent.  Yes, Sir,  he  hath. 
L.C.J.  Who  was  with  him? 
Vincent.  I  can't  tell  justly. 
JL  C.  J.  Did  you  know  Kelly  f 
Vincent.  Yea,  I  did. 
'  JLC-J.  Hath  he  been  there  ? 
Vincent.  Yes,  he  hath. 
JL  C  J".  In  what  company  ? 
Vincent.  With  Praouce. 
JL  C.  J.  And  with  any  of  the  prisoners  ? 

f.  Yes,  bnt  I'  can't  tell   particularly 


Ait.  Gen.  Now,  my  lord,  as  these  were 
Biffing  before  the  fact  was  committed,  to  con- 
fHsrhotr  to  do  it ;  so  we  at  the  beginning  told 
vo«  of  •  meeting  after  it  was  done,  and  that 
m\  ww»  at  Bow.  We  shall  therefore  call  some 
witnesses  as  to  that*;  and  they  are  Richard 
Cary»md  William  Evans.  First  swear  Richard 
€arvv  Which'  was  done. 

Recorder.  Do  yoo  remember  you  were 
seat  of  a  message  from  the  Queen's-Head 
at  Bow,  and  whithett  Pray  tell  my  lord  and 
die  Jury. 

Cmry.  I  remember  it  very  well ;  there  were 
fttee  gendeniea  that  sent  for  me  to  the  Queen's 
Bead,  and  I  being  sent  for  did  come ;  and 
I  came  tip  stairs,  they  asked  me  if  I 
Poplar;  I  sand,  T  knew  ic  very  welt.' 


Then  they  asked  me,  if  I  knew  Mr.  Dethkk  % 
\  told  them  I  thought  I  did.  Then  said 
they  you  must  carry  this  letter  to  'George 
Dethick,  esq.  at  Poplar,  and  deliver  it  to 
hit  own  hands,  and  to  nobody  else:  Ac* 
cordingly  away  I  went  and  carried  the  tetter; 
I  went  to  the  door,  and  asked  if  he  were  with- 
in ;  bis  roan  said  he  was  above  stairs,  but  they 
would  call  him  to  me  ;  nnd  calling  him  to  me, 
Sir,  said  I,  there  are  some  gentlemen  at  the 
Queen's- head  at  Bow,  that  have  sent  me  with 
a  letter  to  you.  So  he  looked  upon  the  lei  tier, 
and,  saith  he,  go  and  lelr  them  I  will  be  with 
them  presently.  So,  may  it  please  you,  my  lord, 
I  came  again,  and  w  hen  T  came,  the  gentlemen 
were  tliere  still.  Well,  said  they,  go  and 
drink  a  glass  of  claret,  which  stood  upon  the 
table,  and  they  gave  me  six-pence,  and  I  went 
away. 

Recorder.  Prav  loofc  upon  Mr.  Praunce; 
can  you  remember  whether  that  man  was 
there  ? 

Cary.  There  were  three  of  them,  and  he  looks 
like  one. 

Recorder.  Mr.  Prannce,  do  you  remember 
this  was  the  man  you  sent  ? 

Prow  nee.  Yes,  my  lord,  this  was  the  same 
man  that  was  6ent. 

L.  C.  J.  Well,  call  the  other. 

Then  William  Evans,  the  boy  of  the  house  at 
the  Queen's- head,  was  sworn. 

Recorder.  Hark  you,  do  you  remember  any 
company  that  was  at  your  master's  house  two* 
or  three  months  agone? 

W.  Evans.  Yes,  I  do.  f 

Recorder.  Do  you  remember  that  you  heard] 
them  talk  any  thing  there  ? 

W:  Evans.  They  pufl'd  out  a  paper,  and 
read  it. 

L.  C.  J.  You  hoy,  do  you  know  Mr.}  Die- 
thick  ? 

W.  Evans.  Yes,  I  do. 

L.  C.  J.  Was  he  there  f  • 

W.  Evans.    He  did  come  to  rhero,  my  lord. 

Recorder.  What  had  they  to  dinner  there  ? 

W.  Evans.  They  had  flounders. 

Recorder.  Who  bought  them? 

W.  Evans.  One  afthera,  I  can't  tell  who. 

Recorder.  What  had  they  else? 

W.  Evans.  A  barrel  of  oysters? 

Recorder.  Pray  give  my*  Lord  ah  account 
what  you  observed  and  heard. 

,  W.  Evans.  Sir,  I  know  nothing  but  that  they 
pulled  out  a  paper  and  read  it,  and  nam  erf 
sir  £.  Godfrey's  name.  And  while  1  was  at  the' 
door,  somebody  threatened  to  kick  me  dovVa 
stairs. 

L.  C.  J.  He  saith  just  as  Mr.  Praunce  said* 
in  every  particular. 

Alt.  Geri.  Now  iflt  please  your  lordship,  we 
desire  to  call  sir  Robert 'Southwell, 'to  prove 
what  Mr.  Praunce  said  before  the  council^ 
and  how  particular  he  was ;  and  did,,  to  some* 
of  the  Lords  who  were  sent  with  hied  to  So- 
merset-house, point  out  the  places, 

JSol.'  Gen.'  We  'call"  him  to  shew,  .that*  when 


191]  STATE  TRIALS,  31  Cuaulb*  II.   l079^TriaI<tf>Grtx*,BetTytGkdW[ltt 


Praunce  was  examined,  before  the  king,  he  wm 
.  sent  with-  some  of  the  Lords,  and  sir  Robert 
Southwell,  to  Somerset- House,  where  he  pointed 
with  his  finger,  and  shewed  the.  places  where 
all  was  done  ;  so  we  shall  shew  your  lord- 
ship  and  the  jury,  how  exact  he  was  in  every 
tiling. 

Then  Sir  Robert  Southwell  was  sworn. 

Recorder.  Pray,  Sir  Robert,  will  you  tell  your 
knowledge  ? 

Sir  JR.  Southwell.  My  Lord  I  was  upon  the 
24tb  of  December  waiting  upon  his  majesty 
in  council,  aud  Mr.  Praunce  was  sent  for,  to 
speak  his  knowledge  concerning  this  murder, 
and  be  then  gave  a  general  account  of  things, 
which,  because  it  did  relate  to  that  bench,  and 
this  corner,  and  that  room,  and  that  passage 
and  that  gallery,  it  was  not  understood  by  the 
-  board,  and  (hereupon  his  majesty  thought  fit  to 
appoint  my  lord  duke  of  Monmouth,  and  ihe 
earl  of  Ossory,  and  Mr.  Vice-Chamberlain  to 
the  queen,  to  go  thither,  and  take  the  exami- 
nation upon  the  place,  and  report  it  to  the 
board  :  and  I,  being  clerk  of  the  council,  though 
not  in  waiting  at  that  time,  aud  having  taken 
notice  of  what  Mr.  Praunce  had  there  deposed, 
I  did  wait  upon  those  Lords,  and  took  the  ex- 
amination upon  the  place.  And  what  I  did 
take  upon  the  place,  This  was  done  here,  and 
that  there,  I  drew  up  into  a  Teport,  and  the 
report  is  signed  by  those  two  noble  lords,  and 
was  read  that  afternoon  at  the  board ;  and  to 
that  I  refer  myself. 

Att.  Gen.  rray,  Sir  Robert,  Did   he  shew 
the  particular  places  to  those  Lords. 

Sir  JR.  SauthweU.  Yes,  he  did.  First,  the 
bench  whereon  (hey  were  sitting  when  sir  £. 
Godfrey  was  coming  down ;  then  the  corner 
into  which  they  drew  him  when  they  had 
strangled  him ;  then  the  place  where  one  Berry 
Trent  to  stay,  which  was  at  the  stairs  that  lead 
to  the  upper  court ;  then  a  little  door  at  the 
♦end  of  the  stables,  which  led  up  a  pair  of  stairs, 
and  at  the  bead  of  the  stairs  a  long  dark  entry, 
and  at  the  top  of  those  stairs,  a  door  on  the 
left  hand,  which  being  opened,  shewed  us 
eight  steps,  which  lead  up  to  the  lodging*  that 
were  Mr.  Godwin's ;  in  which  Hill  was  said  to  be 
inhabitant  for  seven  years  before.  A  nd  as  soon 
as  we  were  pone  two  steps,  there  was  a  little 
closet  or  cabinet  en  the  right  hand,  in  which 
there  was  a  bed,  and  there  be  shewed  my 
Lords,  This  is  the  place  where  we  handed  him 
up  first,  and  here  we  left  him,  said  he,  in  the 
care  of  Hill  for  two  nights. 

Just.  Wild.   You  were  there,  Sir  Robert, 
upon  the  place,  when  he  shewed  them  these 
things? 
Sir  JR.  Southwell.  Yes,  Sir,  I  was  there. 
Just.  WUd.  Was  it  answerable  to  what  he 
had  declared  to  the  king  and  council  ? 

Sir  R.  Southwell.     Yes,  it  was  answerable 
to  all  things  he  had  said  in  the  morning. 

Just.  Jones.  And  suitable  to  what  he  says 
now? 
Sir  R.  Southwell.  Ye*,  suitable  to  what  he 


says  now,  but  only  now  he  says  more  (tar  hi 
said  then.  And  as  to  what  be  says  about  the 
chambers  of  sir  John  Arundel,  the?  eookl  sot 
be  sir  John's  lodgings,  for  they  were  not  capable 
of  receiving  a  person  of  that  ouality. 

Praunce.     I  said,  I  did  believe  they  did  be* 
long  to  sir  John  Aiundel. 

L.  C.  J.  They  were  lodgings,  perhaps,  that 
belonged  to  his  servants,  though  not  to  him. 
.  Att.  Gen.  Sir  Robert,  I  desire  to  know, 
whether  Mr.  Praunce,  when  he  shewed  these 
places,  and  made  these  descriptions,  did  he 
do  it  with  any  hesitancy,  or  did  lie  do  it 
readily  ? 

Sir  Robert  Southwell.    Hitherto,  my  lord,  he 
went  directly  and  positively,  as  if  any  body 
should  walk  to  Westminster- hall  door,  fiut  af- 
terwards, when  the  lords  did  desire  to  know 
whither  the  body  was  carried,  he  said,  it  was) 
into  some  room  of  the  boose  by  the  garden ;  for 
this  is  an  outer  part  of  the  noose,  which  any 
body  may  do  any  thing  in,  without  their  know* 
ledge  that  are  within.     And  he  undertook  to 
lead  them  to  the,place  as  well  as  be  could;  and 
so  away^we  went  through  the  long  dark  entry 
that  leads  into  the  outer  court  of  the  great 
bouse;   and  crossing  the  quadrangle,  be  leads 
us  to  the  Piazza,  and  down  a  pair  of  stairs,  and 
so  far,  said  he,  I  am  sure  I  went;  then,  as  sooa 
as  we  were  down  stairs,  there  is  a  great  square 
court,  then  he  began  to  stagger,  as  if  be  did  not 
know  his  way;  but  there  was  no  way  but  to  go 
on,  however,  and  on  he  went,  and  coming  cross 
the  court,  we  came  into  several  rooms ;  and 
going  through  them  we  came  up  stairs  agaio, 
and  so  into  several  other  rooms  again.     Sure, 
said  he,  we  were  here,  but  I  can't  tell,  and  he 
was  in  a  distraction  what  room  he  saw  the 
body  in ;    out,  said  he,  thus  far  I  am  certain  ] 
am  right ;   which  was  according  to  the  paper 
and  I  refer  myself  to  that. 

Justice  Wild.  But  you  say,  that  what  hi 
had  said  to  the  lords  in  the  council,  wee  th< 
same  that  he  said  when  you  were  by  upon  Uk 
place?    Sir  Robert  Southwell.    Yes. 

L.  C.  J.  His  doubtfulness  of  the  room  doe 
assert  and  give  credit  to  his  testimony,  and  cot 
firms  it  to  any  honest  man  in  England.  Hen 
saith  he,  I  will  not  be  positive,  but  having  swor 
the  other  things  which  be  well  remembered,  p< 
siuvery,  he- is  made  the  more  credible  for  b 
doubtfulness  of  a  thing  which  he  does  not  n 
member,  which  a  man  that  could  swear  ai 
thiog  would  not  stick  ar. 

Justice  Jones.  Besides,  he  was  not  there  V 
by  night,  and  all  the  light  he  had  was  a  da 
huithorn. 

Sol.  Gen.  'Now,  sir  Robert,  I  would  ask  yt 
one  question,  if  you  please.  Do  you  remensb 
that  Hill  was  examined  at  the  council  about  tl 
matter  ? 

Sir  Robert  Southwell.  My  lord,  these  are  t 
notes  that  I  took  upon  these  men's  exacnii 
tions,  if  your  lordship  pleases  they  oiay  be  ce: 

Recorder.  Sir  Robert,  we  asjc  you  but  as 
one  particular  thing,  therefore  if  you  please 
look  tipen  It,  and  refresh  your  memory,  you  a 


MS]  STATE  TRIALS.  41  Ctuauftll.  I679.-^ir«*  Mw&rqfSirE.  Gojfa.  (life 

lo  yejiiaelf»  and  tell  in  only  the  sub- 
Which  be  did. 
SoL  (3«l     Now,  sir,,  if  yon  please,  do  700 


remember  that  Hill  waa  there? 
Sir  Robert  SovtkmtU.     Yes,  I  find  be  was 

CSMMSfd. 

Sol.  Gen.  Did  Mt  he  deny  there  that  be 
knew  Kelly,  but  that  be  knew  Girald  r 

Sv  ibeer*  &***«*&  Yea,  I  do  find  it  here 
set  down,  that  be  did  deny  he  knew  Kelly,  bat 
that  He  knew  Girald. 

MM.  I  amid  I  knew  one  Girald,  but  not 
that. 

Recorder.  Bet  before  the  council  he  aaid  he 
knew  Girald,  not  one  Girald. 
.  JL  C  J.  This  way  of  answering  is  like  the 
exaaWaaUott  that  was  taken  lately  amonast 
some  of  them.  A  person  was  asked  when  he 
saw  such  *  priest  i  He  denied  that  he  bad  seen 
him  in  fourteen  days.  But  then  comes  one  and 
proves  to  hie  meet  that  he  was  with  him  in  com- 
pany ail  ajgbt,  within  a  week  and  less.  Ay, 
saye  fat,  thai  is  true;  bat  I  said  I  had-  not  seen 
faun  in  fourteen  days.  And  so  they  may  take 
oaths  to  serve  the  king  faithfully  all  the  days  of 
their  lives,  but  in  the'  nights  they  may  murder 
him,  and  keep  their  oaths  for  all  that. 

Justice  Do&en.  I  would  know,  whether  the 
Girald  yoo  know  be  a  priest  or  no  ? 

Hill.     He  is  not. 

Justice  Lhdben.  Then  yon  do  not  know  Gi- 
rald the  prieat»-~tftf.  No  I  do  not. 

Recorder.  Call  Mr.  Thomas  Stringer.  And 
he  was  sworn. 

Recorder.  Pray,  Mr.  Stringer,  will  you  tell 
my  Lord  and  the  jury  what  it  was  that  Mr. 
Berry  said  about  any  directions  he  had  to  keep 
all  persons  out  of  Somerset-house,  about  the 
ISCb  or  14th  of  October  last  ? 

T.  Stringer .  My  Lord,  Upon  bis  examination 
before  the  Lords  of  the  committee,  Berry  did 
say  be  bod  orders  from  the  queen,  or  in  the 
name  of  the  queen,  that  he  should  suffer  no 
streamers  nor  any  persons  of  quality  to  come 
into  Somerset-howse. 

Att.  Gen.  When  wan  it  be  wee  to  beep  them 
orn?  • 

T.  Stringer.  The  13th,  lStfi  and  14th  of  Oct. 
last. 

Att.  Gem.  What,  three  days  ? 

T.  Stringer.  Two  or  three  days.  And  he 
said  that  the  evince  did  come  and  be  did  re- 
fuse him,  and  sent  him  beck  again. 

Recorder.  Did  he  say  he  ever  had  any  such 
direction*  before  ?  * 

T.  Strmgmr.  Jffo:  He  said  be  never  before 
had  any. 

lt4X  J.  If  wa»n<very  unlucky  thing  itat  he 
had  it  then. 

Bsrry.  Ite  prince  might  have  gone  in  if  be 
would. 

T.Shingor.  T*n  mid  yon  did  refuse  him, 
yoo  had  order  to  let  none  come  in. 

LC.J.  Had jrow new •«•*  order ? 

Berry.  Yes  my  Lord,  I  had  socman  enter 
fan  the  onewirw  fetallfwn-iawef. 

VOL,  TH. 


Berry.  Yes,  I  hare  had  before,  since  the 
queen  came  to  Somerset-house. 

X.  C.  /.  Mr.  Stringer  swears  you  said  yoe> 
had  aot  any  before. 

Berry.  Yes  I  bad. 

L.  C.J.  Why  did  you  deny  it  then  ? 

Berry.  I  did  not  deny  it;  besides,  there 
were  several  went  in. 

Recorder.  We  have  proved,  indeed,  five  or 
sis  did  go  in. 

X.  C.  J.  For  how  many  days  had  yee  that 
order  ? — Berry.  Two  day*. 

X.  C.  J.  Which  two  days  ? 

Berry.  The  XUh  and  12 tb,  I  think  therea- 
bouts. 

Recorder.  Did  yoo  say  before  the  Lords, 
that  you  never  had  such  orders  before  ? 

Berry.  No,  I  did  not. 

X.  C.  J.  Mr.  Berry,  When  you  were  exami- 
ned before  the  lords,  did  you  no  u  say  jou  never 
had  such  orders  before  ? 

Berry.  No,  I  did  not  say  so,  my  lotd,  as  I 
know  of;  for  they  did  not  examine  me  about  that* 

X.  CJ.  Yoo  said  you  would  prove  it  under 
his  own  band.     Prove  that. 

Att.  Gen.  Mr.  Stringer,  did  he  write  hie 
name .  to  his  examination  ? 

T.  Stringer.  Yes,  he  did  to  one  examination* 

Att.  Gen.  Pray  look  upon  that ;  is  that  his 
band  ? 

T.  Stringer.  This  was  read  to  him  before  be 
signed  it,  and  then  he  did  sign  it. 

Att.  Gtn.  I  would  foin  shew  it  to  him,  to  see 
whether  he  would  own  it  or  no. 

Berry.  Yes,  that  is  my  hand. 

Then  the  Clerk  of  the  Crown  read  it. 

CL  of  Cr.  This  is  subscribed  by  Henry 
Berry.  "  The  Information  of  Henry  Berry, 
porter  •  at  the  gate  of  Somerset-house ;  taken 
before  the  right  honjthe  Marquis  o?  Winchester : 
This  deponent  seith,  that  about  the  18th,  13th 
and  14tb  of  October  last,  he  had  order  to  test 
all  persons  of  quality,  that  the  queen  was  pri* 
vale,  and  that  they  were  not  to  come  m  :  aed 
this  deponent  saitb,  the  queen  continued  so  pri- 
tare  for  two  days/' 

X.  C.  J.  Where  is  that  part  of  the  examina- 
tion wherein  he  said,  be  never  had  any  such 
order  before? 

T.  Stringer.  He  did  say  so,  bat  it  is  net  in 
that  that  hath  his  hand  to  it. 

Justice  Wiid.  Pray,  my  lord,  observe  this  it* 
kind  of  reflecting  evidence,  and  I  would  have 
no  more  made.of  it  than  the  tiling  witt  heat. 

X.  C.  J.  They  only  bring  it,  and  make  eta 
of  it  against  Berry  as  a  presence  of  hie. 

Justice  Wild.  Bat  it  is  a  very  rejecting  evi- 
dence. 

Att.  Gen*  Surely  there  is  no  body  here  that 
offers  it  as  such  :  We  use  it  only  to  this  pur- 
pose, to  shew  that  Berry,  who  was  a  party  to 
ems  mswder,.did  use  alt  the  means  that  he  could 
to  keep  it  private  ;  and  endeavoured  to  pre- 
vent siiwaara  coming  in  that  night  ta  discover 
it  ;  and  thereto*  pretended  these  ordefrsv— If 
he  had  ejrysuobotctas,!  suppceehe 


194]    STATE  TRIALS,  31  Cham.es  II.  1 619.— Trial  qf  Green,  Berry,  tmd MM,    [196 


them,  we  do  not  say  be  had  them ;  hot  it  is  a 
great  evidence*  when  he  pretended  to  such 
privacy,  that  he  and  his  fellows  had  something 
to  do  that  was  not  fit  to  be  known  by  every 
body. 

Recorder.  He  may  make  ose  of  any  body's 
name,  and  pretend  "what  he  will ;  bat  I  sup- 
pose he  will  prove  it  from  the  gentleman- usher 
if  it  he  true. 

Alt.  Gen.  We  have  one  witness  more  to 
call,  my  lord,  and  that  is  one  Fair.  Call  Ste- 
phen Farr.     Which  was  done,  and  he  sworn. 

Alt.  Gen.  He  is  a  neighbour  to  Berry,  and 
will  give  your  lordship  an  account  what  appli- 
cations have  been  mode  to  him,  to  tamper 
with  him  for  money,  to  keep  away,  and  not 
give  evidence  in  this  cause.  Pray,  sir,  are  you 
Mr.  Berry's  neighbour  ? 

Farr.  Yes,  Sir,  I  am. 

Alt.  Gen.  Pray  then  tell  what  you  know. 

Farr.  I  know  him  very  well,  his  wife' hath 
been  with  me  last  week,  and  asked  me  if  I 
knew  what  time  be  was  withine  on  Wednesday 
the  16th  of  October.  I  desired  time  to  recol- 
lect myself,:  and  she  called  four  or  five  times 
after,  and  I  did  recollect  my  memory  and  told 
her,  that  I  was  not  with  him  all  that  Wednes- 
day. 

X.  C  J.  Why,  this  was  reasonable,  and  fair 
enough  to  do. 

Att.  Gen.  It  was  so,  my  lord  ;  but  pray  had 
you  no  money  offered  you  ? 

Farr.  No,  Sir,  none  at  all ;  and  1  told  her  I 
could  not  remember  that  I  was  with  bim  that 
day. 

Perry.  But  you  may  remember  it  very  well 
when  I  came  from  the  queen  I  came  to  you. 

Farr.  My  Lord,  I  was  out  of  town  that  Wed- 
nesday, from  two  o'clock  in  the  afternoon  till 
nine  at  night. 

X.  C.  J.  Well,  well,  this  is  nothing :  the 
woman  was  willing,  if  she  could,  to  havecoun- 
terproved  the  evidence,  and  what  she  did  was 
lair  ;  she  offered  no  money,  nor  did  it  in  an  in- 
direct way. 

Alt.  Gen.  WLy  lord,  we  have  now  done  with 
our  evidence  foV  the  king,  and  leaye  it  till  we 
hoar  what  they  say. 

X.  C.  J.  What  do  you  say  for  yourselves  ? 
you  shall  have  all  the  free  liberty  you  will  desire. 

Hill.  In  the  first  place,  I  take  God  to  be  my 
witness,  that  I  am  wholly  innocent,  as  to.lbe 
matter  that  is  charged  upon  ma :  and  as  to 
what  is  said  that  I  dogged  sir  E.  Godfrey,  I 
can  prove  thai  I  went  into  my  lodging  at  eight 
o'clock,  and  did  not  stir  out. 

L.C.  J.  Come,  call  your  witnesses* 

Hill.  Mary  Tildenk  Catharine  l«ee,  Mrs. 
Broadstreet;  aud  Daniel  Gray. 

X.  C.J.  Let  them  come  in  there. 

Then  Mary  Ttlden  was  first  examined. 

Att.  Gen.  This  is  Dr.  Godwin's  niece,  and 
his  housekeeper. 

X.  C.  J.  Well  what  do  you  ask  her  f 
•  Hill.  I  desire  to  know  what  you  can  say 
aboutoy  being  in  my  lodging,  and  not  going  out. 


Mary  Tilden.  He  bath  lived  in  our  family  T 
or  8  years. 

X.  C.  J.  Your  family,  what  is  your  family  ? 


Mary  Tilden.  With  my  uncle. 
X.  V.  J.  Who  is  your  un 


your  uncle  ? 

Mary  Tilden.  Dr.  Godwin  :  we  left  him  in 
the  bouse  always,  when  we  were  absent  from 
it ;  he  was  always  a  trusty  servaut,  never  kept 
ill  hours,  always  came  home  by  eight  o'clock 
at  night. 

Justice  Dolben.  Alway  !  for  bow  long  f 

Mary  Tilden.  Ever  smce  we  came  over  last 
in  10  England. 

Justice  Dolben.  When  was  that? 

Mary  Tilden.  In  April  last. 

X.  C.  J.  Were  you  there  that  night  sir  £. 
Godfrey  was  killed  I— Mary  Tilden.  I  was. 

L.C.J.  What  night  was  that  ? 

Mary  Tilden.  I  do  not  know,  my  lord,  I 
heard  of  it  in  the  town. 

X.  C.  J.  When  did  you  first  hear  of  it  t     • 

Mary  Tilden.  The  Thursday  that  he  was  found. 

X.  C.  J.  Did  you  not  hear  of  it  on  the  Wed- 
nesday ? 

Mary  Tilden.  Yes  I  did. 

X.  C.J.  Who  could  tell  you  the  Wednesday 
before  ? 

Mary  Tilden.  Why,  my  lord,  in  the  town  it 
was  said  he  was  missing  from  Saturday,  and  n 
Thursday  be  was  found. 

X.  C.  J.  What  can  you  say  concerning  Hill, 
that  he  was  not  out  after  eight  o'clock  tbao 
night?  , 

Mary  Tilden.  He  was  a  very  good  servant  to 
my  uncle,  and  never  kept  ill  hours,  but  always 
came  in  by  eight  o'clock,  or  before. 

Justice  Dolben.  Were  you  not  oat  yourself 
that  night  ? 

Mary  Ttlden.  No  not  I,  never  oat  after  that 
hour. 

X.  C.  T.  Pray  how  can  you  give  such  an  no- 
count  of  Mr.  Hill,  as  if  he  was  always  in  yoor 
company  ? 

Mary  Tilden.  He  came  in  to  wait  at  table, 
and  did  not  stir  out  afterwards. 

X.  C.  J.  Pray,  what  religion  are  you  of  }  nre 
ydu  a  papist  ? 

Mary  Tilden.  I  know'  not  whether  I  came 
here  to  make  a  profession  of  ray  faith. 

X.  C.  J.  Are  you  a  Roman  Catholic  ? 

Mary  TUden!  Yes. 

X.  C.  J.  Have  you  a  dispensation  to  eat  sup- 
pers on  Saturday  nights  ? 

Recorder.  1  hope  you  did  not  keep  him  com- 
pany, after  supper,  all  night. 

Mary  'Tilden.  No,  I  did  not,  but  he  came  in 
to  wait  at  table  at  supper. 

X.  C.  J.  I  thought  you  had  kept  fating  on 
Saturday  nights. 

Mary  Tilden.  No,  my  lord/  not  on  Saturday 
nights. 

Justice  Jona.  How  many  dishes  of  meat  had 
you  to  supper  ? 

Mary  Tilden.  We  had  no  meat,  though  we 
did  not  fast. 

X.  C.  X  Can  you  speak  positively  as  to  this 
night,  the  Saturday  that  he  was  killed  ? 

9 


W7J  STATE  TOIALS,  SI  Chatu.es  II.  1079.-; for  the  Murder  of  Sir  E.  Gojfrty.  [193 

J.  Praunce,  bow  inany  keys  were 


Jfarjr  Tilde*.  He  was- at  home  that  night. 

2*  C.  J.  Aod  where  was  he  the  Sunday  ? 

JWory  Tilden.  He  was  at  home. 

L.C.  J.  And  yen  are  sure  he  was  at  home 
ever?  night  ? 

Jim  Tilde*.  Yea,  while   we  were  in  town. 
.    L.  C.  J.  Where  was  you  all  that  Wednesday 
night  you  speak  of? 
■  Mary  Tilde*.  I  was  at  home  in  my  lodging. 

Justice  Wild.  How  it  is  possible  for  you  to 
say,  that  Hill,  who  was  not  yoor  constant  com- 
panion, did  not  go  but  afterwards  ? 

Mary  Hide*.  No,  be  was  not  my  constant 
companion. 

Justice  Wild,  How  then  can  you  charge 
your  memory  that  be  was  at  home  ? 

L.  C.  J.  Come,  yon  are  to  speak  truth,  though 
yea  are  not  upon  yoor  oath.  Can  yon  charge 
year  memory  to  say  that  he  came  in  constantly 
at  eight  o'clock  at  night  ? 

Mary  Tilde*.  Yes;  I  can,  because  I  saw 
him  come  in  constantly;  and  when  he  came 
in,  I  always  sent  my  maid  to  bar  the  door. 

L.  C.  J.  Maid,  can  you  say  he  was  always  at 
home  at  night? 

Mary  TUde*.  I  can  say  he  never  was  abroad 
after  eight  at  night. 

Recorder.  Why,  you  did  not  watch  him  till 
he  went  to  bed,  did  you  ? 

Mary  Tilde*,  We  were  always  up  till  eleven 
o'clock  at  night. 

Alt.  Gen.  Was  be  in  your  company  all  that 
wbde  ? 

Mary  Tilde*.  I  beg  your  pardon :  if  your 
lordship  saw  the  lodgings  you  would  say  it 
were  impossible  for  any  to  go  in  or  out,  but 
that  they  most  know  it  within/.  We  were  con- 
stant in  our  boors  of  going  to  supper;  our  doors 
never  opened  after  he  came  in  to  wait  at 


L.  C.  J.  You  may  say  any  thing  to  a  heretic, 
lor  a  papist. 

Justice  Dolben.  This  is  a  mighty  improbable 


Justice  Wild.  Where  was  he  a  Wednesday 
night? — Maty  Tilde*.  At  home. 
L.  C.  J.  T*bey  have  a  general  answer  for  all 


Jones.  Who  kept  the  key  of  your 
ledcm*?? 

Maty  lUdetu  The  maid.  ~ 

Justice  Jones.  Hath  Hill  never  kept  the  key  ? 

Mary  Tilden.  No,  my  lord,  the  maidl 

Justice  Jones.  How  do  you  know  but  that 
the  maid  might  let  him  out  ? 

Frannce.  My  lord,  Mrs.  Broadstreet  said  at 
first  these  was  but  one  key;  but  before  the 
duke  of  Monmouth  she  said  there  were  sii  or 
key*. 

JL  C.  J.  Look  you  what  tricks  you  put  upon 

\  to  bUod  us :  you  come  and  tell  us  that  he 
every  night  at  home  by  eight  o'clock,  and 
did  not  stir  oat,  lor  there  was  but  one  lock, 
and  the  maid  kept  the  key.;  and  yet  there  were 
three  or  four  keys  to  it. 

Mm  Hide*.  There  was  but  one  key  to  that 
which  kept  the  door  fast. 


L.  C. 

there? 

Frounce.  Slie  confessed  there  were  four  or , 
five. 

Justice  Wild.  What  time  wj»  it  that  you 
carried  him  out  of  Somerset-House  on  Wednes- 
day night  ? 

Frounce.  Jt  was  about  ten  or  eleveu.  11  ill 
went  to  letch  the  horse. 

Mpry  Tilden.  We  had  never  been  out  of 
our  lodgings  after  eight  o'clock,  *ince  we  came 
to  town. 

Justice  Jones.  When  were  you  out  of  town  ? 

Mary  Tilden.  In  October. 

Justice  Dolien.  Nay,  now  mistress,  you  have 
spoiled  all ;  for  in  October  this  business  was 
done. 

Justice  Jones.  You  have  undone  the  man, 
instead  of  saving  him. 

Mary  Tilden.  Why,  my  lord,  I  only  mistook 
the  month. 

L.  C.  J.  You  woman  [speaking  to  Mrs. 
Broadstreet],  what  month  was  it  you  were  out 
of  town? 

Broadstreet.  In  September. 

I*.  C.  J.  It  is  apparent  you  consider  not 
what  you  say,  or  you  come  hitlier  to  say  any 
thiug  will  serve  the  turn, 

Mary  Tilden.  No,  I  do  not,  for  I  was  out  of 
town  in  September,  came  to  town  the  latter 
end  of  September. 

L.  C.  J.  You  must  remember  what  you  said, 
that  you  came  to  England  in  April  lsst,-a»4 
from  that  time  he  was  always  within  at  eight 
o'clock  at  night. 

Mary  Tilden.  Except  that  time  we  were  but 
of  town,  which  was  in  September,  the  summer* 
time.  And  it  is  impossible  but  if  the  body 
was  in  the  bouse,  as  Prauuce  said  it  was,  but 
I  must  see  biro,  or  some  of  us  must  I  used 
to  go  cverv  day  into  that  little  room  for  some- 
thing or  other,  and  I  must  needs  see  him  if  he 
were  there. 

L.  C.  J.  You  told  me  just  now  you  were 
not  upon  confession  ;  and  1  teH  you  now  so, 
you  are  not. 

Then  Mrs.  Broadstreet  was  examined. 

Justice  Jones.  Well,  woman,  what  say  yon  f 

Broadstreet.  We  came  to  town  upon  a 
Monday,  Michaelmas  day  was  the  Sunday  fol- 
lowing ;  and  from  that  time  neither  he  nor  the 
maid  used  to  be  abroad  after  eight  o'clock : 
we  kept  very  good  hours,  and  he  always  waited 
at  supper,  and  never  went  abroad  after  he  came 
in  to  wait  at  supper :  and  the  lodging  was  so 
little,  that  nothing  could  be  brought  in  but 
they  must  know  that  were  within. 

L.  C.  J.  This  is  a  sower  room  than  the 
chamber,  is  it  not  ? 

Frounce.  It  is  «*en  with  the  dining-room, 
my  lord. 

JL  C.  J.  What  say  you,  sir  Hubert  South* 
well? 

Sir  R.  Southwell.  My  lord,  it  is  an  extra- 
ordinary little  place;  as  soon  as  you  get  op 
eight  tups,  there  it  a  little  square  entry,  and 


IW]   STATE  TRIALS,  31Cba«u»IL  \679.— Trial  tf  Often,  Berry*  and  Hill,   [200 


there  is  this  room  on  the  on*  handy  and  the 
dining-room  on  the  other.  I  think,  there  is  a 
pair  of  stair*  to  go  down  at  one  comer  of  the 
entry,  as  I  think,  but  the  body  was  laid  in  a 
little  sqnare  room  at  the  head  of  the  steps. 

X.  C.  J.  And  must  you  go  into  the  room  to 
go  to  the  diniug-room  r 

Broadstreet.  No,  it  is  a  distinct  room  ;  but 
the  key  was  always  in  the  door,  and  every 
day  somebody  went  into  it  for  something  or 
another. 

X.  C.  J.  VVill  you  undertake  to  say  it  was 
always  in  the  door  ? 

Broadstreet.  Yes,  it  constantly  was. 

Justice  Wild.  For  my  own  part,  I  will  not 
Judge  you :  but  that  his  body  should  be  carried 
(here  about  nine  o'clock  at  night  a  Saturday 
night,  and' remain  there  until  Monday  night, 
it  is  very  suspicious,  that  if  you  were  in  the 
house,  as  you  say  you  were,  and  used  to  go 
into  that  room  every  day,  you  must  either  hear 
it  brought  in,  or  see  it. 

Broa&treet.  Bat  we  did  neither,  my  lord. 

Justice  Dolben.  It  is  well  you  are  not  in- 
dicted. 

Broadetreet.  Mr.  Praunce,  you  know  all 
these  things  to  be  false,  Mr.  Praunce* 

Praunce.  I  lay  nothing  to  your  charge  ;  but 
too  said  before  the  duke  of  Monmouth,  that 
Hill  was  gone  from  his  lodgings  before  that 
time. 

X.  C  J.  What  say  you,  sir  Robert  South- 
well? 

Sir  R.  Southmett.  There  arose  a  little  quar- 
rel between  them,  about  ihe  time  that  Mr. 
Httl  did  leave  those  lodging*.  Praunce  said  it 
was  a  fortnight  after;  Hill  said,  when  he  was 
upon  his  examination,  that  the  same  Saturday 
n?gfat  that  sir  E.  Godfrey  was  missing,  he  was 
treating  with  his  landlord,  and  from  that  time, 
to  the  time  he  went  to  his  new  house,  it  was 
about  a  week  or  a  fortnight. 

X  C.  J.  But  he  did  pretend  he  was  gone 
before  ? 

Broadstreet.  No,  my  lord,  I  did  not. 

X.  C.  J.  Two  witnesses  upon  oath  sware  it, 
and  you  said  it  yourself  and  gave  it  under  yeur 
hand. 

Broadstreet.  My  lord*— 

X.  C.  J.  Nay,  you  wHl  not  bear,  but  you 
will  talk  ;'yoo  say  one  thing  now,  and  yon  set 
another  wader  your  hand. 

Ait.  Gen*  Have  you  not  a  brother  that  is 
in  the  Proclamation,  one  Broadstreet  a  priest  ? 

Broadstreet.  I  have  a  brother,  whose  name 
is  Broadstreet. 

Atii  Gen.  Is  he  not  a  priest,  and  »  the  Pro- 
clamation ? 

Broadstreet.  I  hope  I  mast  not  impeach  my 

brother  here.    I  said  upon  my  oath,  he  came 

%to  town  on  Monday,  and  Michaelmas  day  was 

the  Sunday  following,  and  Lawrence  Hill  went 

•way  a  fortnight  efter. 

Sir  JR.  Southwell.  She  swore  then,  two  or 
three  days  after  Michaelmas  <day. 

X.  €.  /.  You  mutt  know  we  can  understand 
you  through  all  your  arts.    Ic  was  not 


nieat  for  yon  at  that  time  to  say,  that  Mr.  Hill 
went  awav  about  a  fortnight  after  Michaelmas, 
for  then  the  tiling  that  was  charged  to  be  done, 
part  of  it  in  your  house,  would  have  been 
within  the  fortnight,  for  it  was  the  lftb  of  Oc- 
tober, but  then  you  said  only  two  or  three 
days. 

Sir  JR.  Southwell.  She  did  say,  my  lord,  that1 
about  Michaelmas  two  or  thTte  or  four  days 
after  he  went  away. 

Broadstreet.  I  beg  your  pardon,  I  only  said, 
I  could  not  tell  the  time  eiactly. 

X.  C.  J.  Well,  have  you  any  mora  to  say  ? 

Mary  Tilden.  There  was  never  a  day  but  I 
went  into  that  room  for  something  or  other,  and 
if  any  body  came  to  see  me,  there  was  so 
little  space  that  the  footmen  were  always  forced 
to  be  in  that  room. 

Justice  Dolben,  Were  ypo  there  upon  Sun- 
day ? 

Mary  Tilden.  Yes,  my  lord,  1  was. 

Justice  Dolben.  Well,  I  will  say  no  more  ; 
call  another  witness. 

Hill.  Catharine  Lee. 

X.  C,  J.  What  can  you  say,  maid  ? 

Lee.  My  lord,  I  did  uover  miss  him  out  of 
the  house  at  those  hours. 

L.  G.  J.  May  be  you  did  not  look  for  him. 

Lee.  I  did  go  down  every  night  to  the  door, 
to  see  if  it  were  locked,  and  I  went  into  the 
parlour  to  see  that  things  were  safe  there. 

X.  C.  J,  Yon  are  a  Roman  Catholic,  sire 
you  not  ? 

Lie.  Yes,  I  am. 

Justice  Dolben.  Might  not  he  go  out  of  the 
bouse,  and  you  never  the  wiser? 

Lee.  Yes,  lor  I  did  not  watch  him  conti- 
nually. 

Capt.  Rienarekon.  All  that  she  says  may  he 
true  by  the  place.  The  servants  keep  down  a 
pair  of  stairs  in  the  kitchen,  and  any  ooe  may 
come  in,  or  go  out,  having  so  many  keys,  anel 
they  not  know  it  that  are  below, 

Lee.  I  went  into  the  chamber  every  mora* 
ing,  as  I  went  to  market. 

Justice  Wild.  Have  a  care  what  yon  say, 
and  mind  the  question  I  ask  yon  :  were  vou 
there  on  the  Sunday,  in  that  room  where  tney 
say  sir  £.  Godfrey's  body  was  laid  ? 

Lee.  I  cannot  say,  that  I  was  in  that  room, 
but  I  called  in  at  the  door  every  day,  and  I  was 
the  last  up  every  night. 

Justice  Wild.  I  will  say  that  for  thee,  thou 
hast  spoke  with  more  care  than  any  of  them  all. 

Then  Daniel  Gray  was  examined. 

X  C.  J.  What  can  you  say  ?  What  questions 
do  you  ask  him? 

Hill.  I  desire  him  to  speak  what  he  can  any, 
where  I  was  those  6ve  days  that  sir  £.  Godfrey 
was  miasms!. 

Gray.  I  kept  my  brother  Hill  company,  from 
the  8th  of  October,  tiU  he  took  his  house,  which 
wss  about  the  *tnd  or  gSrd. 

X.  C.  J,  What  time  did  yen  use  to  go  to 
hedf 

Gray.  About  9  or  lOeVJoek  at  night;' 


901]  STATE  THiALB,  *l€aUtu»H.  ItHQ.—flr  *k$  Murder  (f  St  &  0«fr&  [9Uft 


L.C.J.  Wlautiroedidaego? 

Gtwy.  When  I  did,  tut  I  did  not  Me  him  |0 
to  bed. 

JL  C.  J.  Where  did  you  lie? 

Grey,  At  in  j  own  house. 

L.  &  J.  Ami  veu  went  heme  about  8  or  9 
at  night  to  go  to  bed? 

Gray.  Yea,  I  did. 

Jen.  Josef.  You  say  he  look  bit  house  the 
8th  of  October,  when  did  be  go  thither  ? 

Grey.  Yes,  be  took  bis  liouse  the  8th  of 
October,  but  be  did  not  go  thither  tilt  the  one 
or  two  and  twentieth. 

Just.  IUlben.  Bet  yon  cannot  tell  what  he 
Ad  at  night  ? 

Gray.  No,  not  I. 

Jest.  IMsm.  Bet  you  were  in  his  oompsny 
till  8  or  9  o'clock  nt  night  ? 

Grow.  Yes,  uiy  lord,  I  was. 

X.  V.  J.  How  far  did  you  lire  off  of  him  ? 

Gray.  About  n  bow's  shoot. 

L.  C.  /.  Look  too,  Mr.  Hill,  he  does  yon  no 
amice  at  nil,  for  he  says  lie  left  yon  about  8  or 
9  o'clock  at  night,  and  he  does  not  know  what 
yon  did  afterwards.    Have  yon  any  more  ? 

BO.  Robert  How. 

JL  C.  J.  Come,  what  say  von? 

Hem.  My  lord,  I  met  with  Mr.  Hill  the  5th 
of  October,  be  naked  me  whither  I  was  going? 
I  told  biro,  home.  I  wish,  said  be,  you  would 
go  a  little  back  with  me;  I  am  about  taking  of 
an  house,  and  T  would  have  you  view  the  re- 
pain;  accordingly  we  did  go,  and  treated  in 
the  house  about  an  agreement ;  for,  said  he,  I 
will  not  Agree  with  yon  (to  the  landlord)  till  we 
know  what  must  be  repaired.  On  Tuesday 
morning  we  met  ngain,  abort  8  o'clock. 
X.  C.  J.  What  day  of  the  month  wns  that  ? 
Horn.  The  8th.  And  a  Wednesday  about 
i  began  to  work  for  him,  to  repair  his 
,  and  we  wrought  that  week  every  dny, 
far  19  days  and  an  half  in  all,  and  he  was 
every  day  with  us,  looking  after  coals,  or  beer, 
or  something.  On  Saturday  the  12th  of  Octo- 
ber, we  dined  together,  and  parted  with  him 
about  1  or  9  o'clock,  and  n^ont  9  o'clock  I 
went  back  again  to  my  work,  and  he  said  he 
was  going  towards  Cerent-Garden  in  St. 
James's,  but  he  came  back  again,  and  I  was 
gone  first ;  I  asked  my  man  whether  he  was 
gone,  or  no;  be  said,  he  was  there,  but  did 
not  stay. 

L.C.J.  What  time  wns  that? 

Hew.  A  httle  before  nif  ht. 

X.  C.  J.  What  honr  did  your  man  say  that 
he  was  there  ? 

As*.  About  an  honr  before  they  left  work. 

X.  C.  J.  What  timewas  that? 

How.  About  four  o'clock,  I  think  it  was. ' 

L.  C.  J.  Can  yon  say  where  he  was  that 
night? 

How.  No,Icamiot. 

X.  C  J.  What  religion  are  yon  of,  ere  yon 
sotaprotestant? 

flow.  Yes,  my  ford,  I  think  so. 

Recorder.  Mjr  lord  ask*  yon,  are  jon  a  pro- 

T 


How.  I  was  never  bred  up  in  the  protest***, 
religion. 

Primmer*  He  is  a  catholic,  my  lord,  he  wan 
the  queen  s  carpenter. 

Just.  Dolben.  Nay,  now  yon  spoil  alt ;  you 
must  do  penance  for  this;  what!  deny  your 
church  ? 

HilL  What  time  was  it  on  Saturday  morn- 
ing I  was  with  you? 

How.  About  nine  o'clock. 

X.  C.  J.  liow  long  did  he  stay? 

How.  From  nine  to  two. 

X.  C.  J.  Are  you  sure  it  was  nine  ? 

Haw.  No  man  can  swear  punctually  to  aw 
hour. 

X.  C.  J.  What  think  yon  often? 

Horn.  It  was  thereabouts. 

Recorder,   If  I  am  rightly  informed  by  the 
clerks,  he  is  outlawed  for  recusancy. 
.L.  C.J.  U  he  so  ?  Pray  let  us  koow  that. 

Harcourt.  (One  of  the  clerks  of  the  Crowns 
Office.)  My  lord,  I  have  made  out  several 
writs  against  him,  for  several  years  'together, 
and  could  never  get  nay  of  them  returned. 

'  Hill.  He  tells  you,  that  I  was  with  him  aroan 
nine  o'clock  on  Saturday  morning,  till  one.  . 

Just.  Jones.  But  that  si  but  as  true  as  he  it  a 
protestant,  and  how  true  that  is,  you  know* 

Hill.   Here  is  another  witness ;  Mr.  Cutler. 

Tho.  Cutler.  Upon  the  13th  of  October, 
Lawrence  Hill  did  come  into  my  boose,  about 
four  or  five  o'clock  in  the  evening,  and  he  staid 
there  till  between  seven  or  eight,  and  then  his 
wife  came  for  him  and  said  some  gentlewoman 
was  ready  for  her  supper,  and  so  he  went  home ; 
and  I  saw  him  no  more,  till  the  day  after  he; 
was  taken. 

L.  C.  J.  Look  you  here,  he  speaks  only 
about  seven  or  eight  o'clock*  Well,  have  you 
'any  thing  more  to  say  ? 

Hilt.    There  is  one  Richard  Lacinhy. 

Ltoinby.  My  lord,  I  was  with  him  on  Sa- 
to rd  ay  the  19th  of  October,  at  the  door,  about 
twelve  o'clock. 

X.  C.  J.  And  you  dined  with  him  and  How"? 

Laxinby.    Yes,  Sir. 

X.  C.  J.  But  you  did  not  see  htm  afterwards  ? 

Lazinby.  Yes,  I  did  see  him  on  Wednesday 
night,  from  fire  to  seven  nt  night. 

X.  C.  X  What  time  was  he  carried  out  of 
Somerset*  House  ? 

Alt.  Gen.   About  eleven  or  twelve  o'clock  . 
at  night. 

Lasinby.  That  is  the  last  time  I  was  with* 
him. 

X  C.  J     WeH,  have  you  any  more  ? 

Hill.    Here  is  one  Mr.  ArohboM,  my  lord. 

Archbeld.  My  lord,  I  had  occasion  for  ntnjr* 
lor,  and  I  came  to  tms  man's  house  to  seek  for 
one  Mr.  Gray,  that  had  formerly  wrought  for 


X.  C.  X  When  was  that? 

Arckbold.  That  was  on  Monday  night  And 
behaving  formerly  wrought  for  me,  I  found  him 
at  this  man's  house;  so  Mr.  Gray  asked  snap 
what  news?  I  toid  him,  very  good  news  j  for 
Praonce  was   taken  for  the  murder  of  air  •£. 


I 


90S}  STATS 

Godfrey.  Says  Hill,  I  am  glad  of  that;  I  wish 
tbey  were  all  taken.  'I  came  the  next  day 
after,  and  they  told  me  he  was  taken  oat  of  his 
bed,  for  the  murder  of  sir  £.  Godfrey. 

X.  C.  J.  Was  it  that  very  night  that  you 
came,  that  he  was  taken  ? 

Archbold.  Yes,  it  was. 
•  L.C.J.  Your  said  he  spoke  of  it  before  von 
at  7  o'clock,  and  you  left  him  about  9,  and  he 
was  taken  that  night ;  what  then ? 

Hill.  Whv,  then  Ihad  time  enough  to  make 
my  escape,  if  I  had  thought  myself  Guilty. 

X.  C.  J.  As  no  doubt  you  would,  if  you  bad 
thought  tbey  would  have  been  so  nimble  with 
you. 

Archbold.  He  knew  it  the  day  before. 

X.  C.  J.  Well,  have  you  any  more  to  say  ? 

Mrs.  Hill.  There  is  Mr.  Ravenscroft,  my 
lord. 

JL  C.  J.  What,  that  Ravenscroft  that  was 

sent  away  ? 

Mrs.  Mill.  Yes,  my  lord. 
.  X.  C.  J.   Then  the  marshal  most  send  for 
him,  if  he  be  a  witness  for  the  prisoner.    In 
the  mean  time,  what  can  you  say  for  yourself, 
Mr.  Green  ? 

Green.  My  lord,  I  would  call  my  landlord 
and  bis  wife. 

JL  C.  J.  What  are  their  names  ? 
.  Green.  James  Warner,  and  his  wife. 

L.  C.  J.  Call  in  Green's  wife,  and  all  her 
witnesses.' 

{Then  Mrs.  Hill,  the  Prisoner's  wife,  offered 
aper  to  the  Court  containing  Observations 
upon  the  Indictment,  which  she  desired  them 
to  read ;  but  it  was  refused,  and  she  bid  to  give 
U  her  husband.] 

Then  Jomet  Worrier  was  examined. 

X.  G.  J.  What  say  you  to  your  landlord  ? 

Green.  <  I  ask  him  no  questions  at  all,  but 
deaireJjim  to  tell  what  he  knows. 

Worrier.  I  will  say,  that  the  19th  of  Oct., 
hi  was  at  my  house,  half  an. hour  after  seven, 
and  he  was  not  out  of  my  house  till  after  ten. 

X.  €.  J.  How  can  you  remember  that  day  ? 
What  day  of  the  week  was  it  ? 

Worrier.    It  was  a  Saturday. 

X.  C.  J.    How  do  you  remember  it  was  so  ? 

Worrier.   I  have  recollected  my  memory. 
.  L.C.J.   By  what? 

Worrier.  By  my  work,  and  every  thing  ex- 
actf*. 

X.  C.  J.  When  did  you  begin  to  recollect 
yourself?— -WVWfF.  A  pretty  while  ago. 

.X*  C.J.  How  long  after  sir  E.  Godfrey  was 
mojdered  ?— Wsrrier.    A  month  after. 

X*  C.  X  What  made  you  recollect  yourself 
a  mouth  after? 

Worrier.  Because  he  was  in  prison  in  the 
Gatehouse. 

JL  C  J.   When  waahe  taken  up  ? 

Worrier.  He  was  taken  up  in  Somerset- 
Bouse*  and  aot  in  my  house. 

4.  C.  J.  But  when  did  you  recollect  yourself? 
f$rrur.  When  be  waijo  prison* 


41  Charles II.  1679 — Trial tfGretn.Ikhy, and JrKB,    [204 

X.  C.  J.  But  I  pray  remember  the  time  when 
you  dio)  recollect  yourself,  and  the  occasion  that 
made  you  recollect  yourself  when  be  was 
taken  up. 

Wttrrier.  I  remember  it  very  well,  for  be 
had  been  in '  my  house  but  14  days,  before  he 
was  taken  up. 

Sir  Thomas  Stringer.  lie  was  not  taken  up 
for  the  murder  of  sir  £.  Godfrey,  till  the  34th 
of  December. 

Justice  Wild.  Pray,  did  you  never  think  of 
this  till  he  was  in  prison  ? 

Worrier.    It  was  when  be  was  taken  up. 

X.  C.  J.  But,  pray,  when  you  came  to  re- 
collect yourself,  how  did  you  come  to  dolt? 

Worrier.    1  recollected  it  by  my  work. 

X.  C.  J.  But  what  gave  you  occasion  to  re- 
collectyoorself  since  he  was  in  gaol? 

Sir  Tho.  Stringer.  My  lord,  be  was  put  into 
gaol  for  refusing  to  take  the  oaihs ;  but  be  was 
not  at  all  charged  with  the  death  of  sir  £.  God- 
frey at  that  time. 

X.  C.  J.  When  was  he  put  in  for  the  death 
of  sir  £dmundbury  ? 

Sir  Tho.  Stringer.   The  94th  of  December. 

X.  C.  J.  Then  there  is  all  the  remaining 
part  of  October,  all  November,  and  the  former 
part  of  December,  was  past,  how  could  you  re- 
collect yourself  of  the  particular  day? 

Worrier.  I  called  it  to  my  mind  by  my  work. 

Captain  Richardson.  My  lord,  I  will  rectify 
this  mistake :  Since  their  arraignment,  I  went 
to  them  to  know  what  witnesses  they  had,  and 
Green  told  me  of  bis  landlord  and  landlady; 
I  then  asked  them,  if  they  could  say  any  thing 
as  to  this  particular  day  ?  aud  they  said  they 
could  not  do  him  any  good  at  all. 

Worrier.  I  did  not  then  call  it  to  memory. 

X.  C.  J.  When  did  you  call  it  to  me- 
mory? 

.  Worrier.  I  did  say  I  could  not  do  it  then 
presently,  as  I  have  done  since,  in  five  or  sis 
days. 

X.  C.  J.    How  could  you  recollect  it  then  ? 

Worrier.  By  the  time  he  came  into  my 
house,  which  was  a  week  before,  and  ■  by  the 
work  that  was  done. 

X.  C.  J.  What  cotild  the  work  do  as  to  this  ? 
Can  you  tell  by  that  any  thing  that  is  done  at 
anytime  ?  W  here  were  you  the  9th  of  Nov.  last  ? 

Worrier.   Truly,  I  can't  tell. 

X.  C.  J.  Whv,  bow  came  you  then  to  recol- 
lect what  you  did  the  12th  of  October,  when  you 
did  not  know  where  you  were  the  9th  of  Nov.? 

Worrier.  I  can  tell  a  great  many  tokens,  he 
was  but  14  or  15  days  in  our  house. 

X.  C.  J.  What  did  he  do  tbe  12th  of  October, 
thatyou  remember  so  particularly  that  day  ? 

Worrier.  Sir,  I  remember  other  days  be- 
sides that ;  but  I  say,  I  uever  knew  the  man 
out  after  nine  o'clock,  in  my  life. 

X.  C.  J.  Have  you  any  body  else  ?  for  this 
man,  I  can't  tall  what  to  make  on't. 

Green.  Here  is  the  man's  wife  to  give  evi- 
dence. 

X.  C.  J.  First  consider  what  you  say. 

Mrs.   Worrier.  To  tell  you   the  truth,   I 


906)  STATE  TRIALS,  31  Ch  able*  11.  M 

ftagbttbeofcan  was  so  clear  of  this  fact,  that 
I  n*?er  troubled  my  head  with  it ;  but  when 
captain  Richardson  came  to  my  house,  I  told 
him,  that  be  never  was  in  our  house  by  day- 
time, except  being  cushion- layer  in  the  coapel, 
be  used  to  come  at  half  an  hour  after  eleven, 
and  many  times  he  did  desire  me,  because  we 
were  Protestants,  to  put  in.  a-  little  flesh  meat 
with  oars ;  sometimes  he  would  sit  down  and 
est  his  meat  in  the  kitchen,  and  his  wife  with 
him;  and  his  wife  would  say  to  him,  It  is  a' 
troublesome  time,  pray  see  that  you  come  home 
betimes.  I  did  not  at  all  remember  the  day 
of  the  month  ax  the  first,  npr  the  action;  hut 
njhasband  am*  I  hare  since  remembered.  We 
were  desired  by  them  once  to  eat  a  fowl  with 
item  ;  and  my  husband  did  command  me  the 
Saoday  after  to  invite  them  to  dinner  with  us, 
sod  I  went  in  the  morning  very  early,  I  think, 
sad  bought  a  dozen  of  pigeons,  and  put  them 
m  a  pye,  and  we  bad  a  loin  of  pork  roasted  ; 
and  when  be  was  gone  to  the  chape)  on  Satur- 
day in  the  afternoon,  bis  wife  came  to  me,  and 
mid,  my  husband  is  not  well,  and  when  he 
comes  home  will  ask  for  something  of  broth ; 
and  away  she  went  to  market,  to  buy  some- 
thing to  make  broth  of.  While  she  was  at 
market,  her  husband  came  home,  and  asked 
where  his  wife  was  ?  Why,  Mr.  Green,  said  I, 
she  is  gone  to  market :  what  an  old  fool,  said 
he,  is  this,  to  go  out  so  late,  such  a  night  as  this 
is  I  Bat  said  he,  again  I  will  go  to  the  coffee- 
house, and  drink  a  dish  of  coffee,  and  pray  tell 
my  wife  so.  In  the  mean  time  she  returned, 
and  by  that  time  she  had  been  above1  a  little 
while,  be  came  in  again.  And  Mr.  Greeu 
being  there,  my  husband  came  in,  and  called 
to  me,  pr'y  tbee,  sweetheart,  what  hast  thou  got 
for  my  supper  ?  Pr*y thee,  said  I,  sweetheart, 
thou  art  always  calling  for  thy  victuals  when 
thou  comest  in.  Then  Mr.  Green  goes  to  the 
stairs,  and  calls  to  bis  wife,  and  bids  her  bring 
him  down  some  victuals,  and  she  brings  down 
the  bread  and  cheese,  and  he  stayed  there  till 
k  was  nine  o'clock  ;  and  then  saith  Mr.  Green 
Id  his  wife,  Let  us  go  up,  for  there  is  a  fire. 

X.  C.  J.  What  day  was  this,  all  this  while  ? 

Mr*.  Worrier.  Why,  it  was  the  Saturday 
fortnight  after  Michaelmas  day. 

2*  C.  J.  Why  might  it  not  be  that  day  three 

eeks? 

Mrs.    Worrier.    It  was  that    day  he  was 


Att.  Gen.  Why,  there  was  no  alarm  taken  of 
k  a  Sunday.  *  . 

JL  C.  J.  When  did  you  begin  to*  recollect 
what  davit  was,  that  they  said  he  was  missing  ? 

Mrs.  Worrier.  On  Friday  morning  our  milk- 
man came  aod  told  us  that  one  Mr.  Godfrey 
was  found  mordered  ;  now  I  knew  one  of  the 
Exchange  of  that  name,  and  thought  it  might 
he  he.  And  when  we  went  op  with  him.  to 
ms  chamber,  we  sat  there  till-  the  Tattoo  beat. 

L.  C.J.  All  the  thing  is,  how  do  you  know 
it  was  this  Saturday  ? 

Mrs.  Worrier.  It  was  the  Saturday  fortnight 
after  Michaelmas  day. 


!9^ar  the  Murder  qf  Sir  ELOMgrey.   (ft* 

Justice  Dolben,  Are  you:sure  it  was  the  Se>i 
tqrday  fortnight  after.  Michaelmas  day  ? 

Mrs.  Worrier.  Yes,  we  did  look  upon  the  at* 
manack,  and  reckon  it  so. 
*  Justice  Dolben.  Then  that  was  the  19th  of 
October. 

L.  C.  J.  Why,  you  told  him,  you  could  do 
him  no  good,  and  indeed  you  do  not. 

Justice  Jones.  You  and  your  wife  speak  %of 
the  same  time,  do  not  you  ?  *• 

Worrier,  Yes. 

L.  C.  J.  Have  you  any  more,  Green  ? 

Cant.  Richardson.  There  is  the  maid,  let  her 
come  in. 

L.  C.  J.  What  say  you,  maid  ? 

Maid.  I  can  say,  that  he  came  in  the  Satur- 
day fortnight  after  quarter-day,  pretty  betimes. 

L.  C.  J.  Can  you  speak  of  any  'other  time 
besides  that  Satarday  fortnight  ? 

Maid.  I  can  tell  he  came  in  every  night  be-  ■ 
fore  nine  o'clock. 

Green.  I  can  take  my  oath,  I  was  never  out 
of  my  lodging  after  nine  o'clock.  ' 

Hill.  My  lord,  here  is  Mr.  Ravenscroft  now. 

L.  C.  J.  Mr.  Ravenscroft,  w  hat  can  you  say  r 

Mr.  Ravenscroft,  What  I  can  say,  my  lord, 
is  this :  this  Lawrence  Hill,  I  bare  known  him 
IS  or  14  years,  and  he  served  my  elder  brother 
so  long,  very  faithfully.  Afterwards  he  lived 
with  Dr.  Godwin,  towards  the  latter  end  of 
the  two  last  years,  and- he  married  my  mother's 
maid. 

L.  C.  J.  What  religion  are  you  of? 

tyfr.  Ravenscroft.  My  father  and  mother 
were  Protestants. 

L.  C.  J.  But  you  are  a  Papist,  are  you  not  ? 

Mr.  Ravenscroft.  I  have  not  said  I  am  a 
Papist,  yet. 

Justice  Dolben.  In  the  mean  time,  I  say  you 
are  one. 

Mr.  Ravenscroft.  Do  yon  so  ?  Then  pray  go 
to  Southwark  and  see. 

Att.  Gen.  My  lord,  I  think  he  bath  taken 
the  Oaths  of  Allegiance  and  Supremacy. 

L.  C.  J.  Well,  pray,  Sir,  go  on  with  your 
story. 

Mr.  Ravenscroft.  If  it  please  you,  upon  a 
Saturday,  a  little  before  Christmas,  there  was 
somebody,  taken,  I  think  it  was  one  Mr. 
Prnunce,  for  I  never  saw  the  man,  neither  do 
I  know  him  at  all :  and  k  was  resorted  that  he 
was  taken  upon  the  death  of  sir  £.  Godfrey, 
and  I  was  glad  to  hear  it.  My  house  wrts  m 
the  Savoy,  and '  my  father's  house  is  in '  Hoi- 
born  ;  and  I  used  often  to  go  and  see  my 
father,  and  coming  home  again,  I  went  to  see 
the  maid  at  her  new  house,  she  had  .not  been 
long  there,  and  she  was  standing  at  the  door 
of  the  house.  I  asked  ber  what  news  f  Says 
she,  Here  hath  been  a  man  here  that  tells  us, 
that  Praunce  hath  discovered- several  of  the 
murderers  of  sir  £.  Godfrey.;  and  they  talk 
up  and  down  strangely  of  it,  and  ask  me  whe- 
ther my  husband  be  acquainted  with  him? 
Then  said  I  to  ber,  Is  he  ?  She  answered  me,* 
Very  well,  they  have  been  often  together;  aujl 
so  she  told  wo  theptople  did  mattery  «nd  talk 


Wf]   STATE  TRIALS,  *1  CiutnJ  IL  i«79— 


,  Berry  >  an&  Hill,  [208 


of  herbusbaad.    But* raid  I,  what  am  your. 


husband  to  it?  Ssys  she,  He  defies 
s*sd  all  hk  works*  Said  I,  Where  is  your  .hus- 
band ?  Said  the.  He  it  within.  I  was  very  glad 
to  beer  it ;  for,  said  I,  he  living  ia  Somerset* 
House,  and  being  acquainted  with  Prauoce,  I 
am  glad  to  hear  that  your  husband  ean  be  so 
courageous ;  so  I  went  away,  and  came  again 
thitber  the  next  morning,  and  found  be  was 
taken  toe  night  before*  Ail  that  I  say  then, 
is,  that  it  was  a  good  evidence  of  his  innocency, 
that  when,  he  had  notice  of  it,  he  did  not  Ay. 

ii.C.  X  60  then,  your  discourse  was  after 
Archbold  had  been  there  ? 

Ravenscroft.  Archbold  was  there  before  me, 
ejsd  had  spoken  this  in  their  company.  I  spake 
with  her  that  night,  sad  the  next  mpraioff  too ; 
awd.aU  that  I  say  is,  if  flight  be  a  sign  of  guilt, 
as  no  doubt  it  it,  Adam,  ubi  e$  9  and  coorege* 
ausneas  is  a  sign  of  innocencyr  then  this  man 
is  innocent. 

L>  C.  X  But  ton  say,  she  told  yon  they 
were  acquainted  ? 

Mtvocntcroft.  My  lord,  I  have  one  thing  more 
to  say.  Upon  the  occasion  of  these  things, 
this  woman  hath  been  often  with  me,  and  hath 
desired  to  know  of  me  what  defence  she  should 
make,  for  I  saw  Hill's  wife  and  Berry's  wife 
iwc  all  simple  people,  without  defence  for 
themselves,  and  they  did  desire  that  I  would 
examine  and  see  some  of  the  witnesses,  and  see 
how  it  was,  and  she  had  gotten  me  some  papers, 
and  I  conferred  them  together,  there  are  wit- 
nesses that  will  attest  the'  copy. 

Alt.  Gen.  What  is  all  this  to  the  purpose  ? 
Only  this  gentleman  bath  a  mind  to  shew  that 
he  can  speak  Latin. 

Raventcroft.  I  thank  God  I  can  speak  Latin 
4M  well  as  any  man  in  the  Court. 

JL  C.  X  Well,  all  this  is  nothing. 

Ravenscrqft.  I  declare  it  myself,  if  this  man 
were  guilty,  rather  than  I  would  speak  for  him, 
*f  there  wanted  a  hangman,  I  would  do  it 
myself. 

L.  C.  J.  Well,  Berry,  what  have  you  to  say  ? 

Berry,  I  desire  Nicholas  Trollop,  and  Nicho- 
las Wright,  and  Gabriel  Hasket,  and  Elizabeth 
Wilks,  aad  corporal  Collet  may  be  called. 

Corporal  William  Collet  first  examined. 

Berry.  Dty  not  you  place  a  eentinel  on 
Wednesday  night  ? 

Collet.  What  Wednesday  do  you  speak  of, 

s%? 

Berry.  That  night  the  queen  went  from  80- 
saerset-Hoese  to  White-hall. 

Collet.  Yes,  this  Nicholas  Trollop  I  pieced 
there  first,  the  10th  of  October. 

X.  C.  X  How  do  you  remember  that? 

Collet.  Because  I  have  been  called  to  an 
account  before,  and  have  given  good  reasons 
for  it.  Oar  company  was  at  Somciest-bouse 
when  the  king  came  from  New-Market,  and 
the  queen  went  to  Whitehall.  Afterwards  we 
were  bid  to  fetch  ooroentineds  off  asset  three 
or  ibur  of  the  clock  m  the  afternoon. 

Ltd  J,  EW  ye«  lesiw  aj>y  sosmew  there  ? 


Colkt.  No,wedklnot,aMotirc^€ns)any 
to  Whitehall. 

Justice  Ddbem.  Are  yon  sure  there  were  no 
soldiers  that  night  there  r 

Colkt.  Yes,  we  were  commanded  with  a 


petty  to  go  thitber  again  that  night. 

X.  C.  J".  What  did  you  do  then  ? 

Collet.  I  placed  the  centinels  by  the  Porter's 
order. 

X.  C.  X  Who  was  that,  Berry  ? 

Collet.  No,  it  was  one  that  used  to  go  about, 
and  give  orders  where  we  should  set  them. 

X.  C.  X  How  did  you  place  them  ?     ' 

Collet.  This  man  I  placed  from  seven  to  ten* 
then  Nicholas  Wright  relieved  him  at  tea,  and 
stayed  till  one. 

JL  C.  J.  At  what  place  ? 

Collet.  To  the  Strand-ward. 

Justice  Wild.  That  was  the  gate  they  carried 
him  out  at. 

X.  C.  X  Do  you  bear ;  whereabouts  did  you 
set  the  ceotinels  ?  Within  the  gate  ? 

Collet.  Yes,  within  the  wicket. 

X.  C.  J.  That  way  he  was  carried  out  ? 

Nieh.  Wright.  There  was  no  Sedan  came 
out  in  my  time. 

Trollop.  There  was  one  came  in,  in  my  time, 
while  1  stood  there. 

X.  C.  J.  Was  it  an  empty  Sedan  ? 

Trollop.  I  suppose  it  was,  but  we  had  no 
order  to  keep  any  out. 

Justice  Wild.  But  you  might  know  whether 
it  was  an  empty  sedan  or  no,  by  the  going  of  it 
through  the  wicket. 

Collet.  There  is  an  empty  sedan  that  stands 
there  every  night 

Trollop.  It  was  set  down  within  the  gate. 

Justice  Jones.  If  any  sedan  had  gone  oat, 
you  would  not  have  staid  them,  would  you  ? 

Collet.  No,  my  lord,  we  had  no  order  to 
atop  any. 

Justice  Dolben.  How  can  you  then  he  posi- 
tive that  no  oue  did  go  out? 

Trollop.  None  did  go  out  again  in  my  time. 

Justice  Dolbeu.  Could  not  the  porter  open 
the  gate,  ae  well  as  you  ? 

Collet.  Yes,  my  lord,  he  could,  but  I  should 
have  seen  him  then :  He  did  not  open  it  in  nay 
time. 

Justice  Wild.  Let  me  ask  you  but  one  ques- 
tion ;  did  not  you  go  to  drink  nor  tipple  all  diets; 
time? 

Trollop.  No,  nor  walk  a  pike's  length  off  the* 
place  of  centrv. 

Justice  Wild.  Has  not  Berry  an  house  therm 
hard  by? 

Trollop.  Yes,  but  I  did  not  drink 

Justice  Dolbeu.  How  can  you  iwmemhfer 
particularly,  so  long  ago  ? 

Trollop.  Why,  I  wss  twice  before  the 


Justice  Dolben.  Bet  how  long   wss  it 
that  yos  ward  eoestiened  about  this  thing 
this  night  ? 

Trollop.  A  matter  of  a  month  or  sis  weeks. 

Cotier.  For  ws  wtfeesjvntned  bcforePratso 
was  taken  up.  • 


JW]   STATE  TRIALS,  3  iCHAUJttU.  1679-r/or  the  Murder  of  Sir  R  Go4frey.  [910 


JLC  J.  You,  Trollop,  can  you  say  whether 
k  was  die  sedan  that  used  to  be  within  ? 

Trollop.  No,  I  caooot,  but  it  was  brought  in 
in  my  time,  and  did  not  go  out  again. 

Then  Gabriel  Hasket  was> examined. 

Berry.  You  stood  there,  Sir,  from  one  to 
four. 

Hasket.  Yes,  after  the  clock  struck  one,  I 
was  pot  ceiHinel,  and  stood  till  four. 

JLC.  J.  What  night? 

Hasket.  That  night  the  king  came  from  New- 
Market,  and  the  queen  went  from  Somerset- 
House. 

L.  C.  J.  What  day  of  die  month  was  that  ? 

Hasket.  The  16th. 

L.  C.  J.  What  day  of  the  week. 
Hasket.  Wednesday. 

L.  C.  J.   Did  you  not  drink  at  Berry 's  then  ? 

Hasket.  No,  I  did  not. 

JL  C.  J.  Did  yon  see  Berry  then  ? 

Hasket.  No,  I  did  not. 
L.  C.  J.  He  was  goue  before  you  came? 
Bern.  1  was  fast  enough  a-bed  at  that  time. 
L.C.  J.  Well,  what  say  you  more  ? 
Berry.  Here  is  my   maid,  Elizabeth  Min- 
slaw,  to  give  her  evidence  where  I  was  that 
o%k  the  queen  went  from  Somerset-House. 

Just  Jesses,  What  can  you  say  ? 

Mismsksm.  May  it  please  you,  my  lord,  my 
vaster  was  within  doors  and  about  the  gale, 
when  the  queen  went  away. 

JL  C.  J.  Who  is  your  master  ?   • 

Minsham.  Mr.  Berry.  He  was  about  the 
gates  ail  the  forenoon. 

L.  C.  J.  When  was  that  ? 

Minsaaw.  The  16th  of  October,  Wednesday. 
And  as  soon  as  the  queen  was  gone,  my  master 
went  out  to  bowls;  and  when  he  came  home 
again,  be  said  he  had  been  at  bowls. 

JL  C.  J.  What  time  did  be  come  home? 

Mimskaw.  It  was  dusky,  and  he  was  not  ab- 
sent all  night  an  hoar,  till  he  went  to  bed. 

Jasu  Wild.  When  did  he  go  to  bed  ? 

Muss/saw.  My  lord,  1  suppose  he  went  to 
bed  abont  19  o'clock. 

Just.  Wild.  They  do  not  charge  him  with 
thing,  but  what  was  done  about  the  gate. 
ost.  Bolbcn.  What  time  did  yon  go  to  bed 
that  night? 

Msnskaw.  Why,  I  went  to  bed  about  12 
o'clock. 

Just. .  Dolben.  And  you  saw  him  no  more 
that  night? 

Mimskaw.  No,  my  lord,  but  he  must  go 
through  my  room  to.  go  to  bed  at  night,  and 
therefore  I  suppose  he  was  a- bed. 

Mrs.  Hill.  I  desire  Mr.  Praunce  may  swear 
why  he  did  deny  all  this  ? 

jL  C.  J.  Stand  op,  Mr.  Praunce ;  that  gen- 
tlewoman does  desire  to  know,  what  induced 
you  to  deoy  what  you  had  said. 

Praunce.  Jt  was  because  of  my  trade,  my 
laid;  and  for  fear  of  losing  my  employment 
from  the  queen,  and  the  catholics,  which  was 
the  most  of  my  business,  and  because  I-  had 
«*  my  pardon/ 

rot.  r\u 


any 
Ji 


Mrs.  Hill.  I  desire  be  may  swear  whether 
he  were  not  tortured? 

Just.  Dolben.  Answer  her;  were  you  tor* 
tured  to  make  this  confession  ? 

Praunce.  No,  my  lord,  captain  Richardson 
hath  used  roe  as  civilly  as  any  man  in  England  ; 
all  that  time  that  I  have  been  there,  I  have 
wanted  for  nothing. 

L.  C.  J.  See  what  he  says  ;  that  he  did  not 
make  this  confession  by  any  fortune;  but  he 
made  his  recantation  through  fear,  and  the 
thoughts  of  death,  because  he  had  no  pardon; 
and  fear  that  he  might  live  in  want,  by  the  loss 
of  the  trade,  prevailed  with  him  to  deny  what 
he  had  confessed. 

Mrs.  Hill.  It  was  reported  about  town,  that 
he  was  tortured. 

Just.  Jones.  No,  it  was  nosuch  thing ;  it  was 
only  the  tortures  of  his  conscience,  for  being 
an  actor  in  so  great  a  sin. 

Mrs.  Hill.  There  are  several  about  the 
court,  that  heard  him  cry  out :  And  be  knows 
all  these  things  to  be  as  false  as  God  is  true ; 
and  you  will  see  it  declared  hereafter,  when  it 
is  too  late. 

L  C.  J.  Do  you  think  be  would  swear  three 
men  out  of  their  lives  for  nothing  ? 

Mrs.  Hill.  I  desire  he  may  be  sworn  to 
that  particular  thing. 

Justice  Jones.  He  is  upon  his  oath  already, 
and  swears  all  this  upon  his  oath. 

Mrs.  Hill.  Well,  I  am  dissatisfied ;  my  wit- 
nesses were  not  rightly  examined,  they  were 
modest,  and  the  Court  laughed  at  them. 

Berry.  The  centinels  that  were  at  the  gate 
all  night,  let  nothing  out. 

X.  C.  J.  Why,  you  could  open  the  gate 
yourself. 

Berry.  He  says,  he  could  have  seen  if  the 
gate  had  been  open,  and  that,  as  be  saw,  the 
gates  were  never  opened. 

Justice  Dolben.  Well,  the  Jury  have  heard 
all,  and  wiU  consider  of  it. 

Mrs.  HilL  Here  is  another  witness,  my  lord, 
Mr.  Chevins. 

L.  C.  J.   Well,  sir,  What  say  you  ? 
Chcvins.   I  have  nothing  to  say,  but  that  I 
heard  Mr.  Praunce  deny  all. 

L.  C.  J.  Why,  he  does  not  deny  that  now. 
Well,  have  you  any  more? 
Chevins.  We  have  no  more. 
Attorney  General.  My  lord,  I  must  crave 
leave  to  speak  a  word  or  two ;  and  the  Evi- 
dence having  been  so  very  long,  I  shall  be  ex- 
ceeding short.  I  intended  when  I  began  to 
open  the  evidence)  to  have  made  some  ob- 
servations after  the  evidence  ended ;  to  shew 
how  each  part  of  it  did  agree,  and  how  the 
main  was  strengthened  by  concurrent  circum- 
stances. But,  in  truth,  the  king's  evidence  did 
fall  out  much  better  than  I  could  expect,  and 
the  defence  of  the  prisoners  much  weaker  than 
I  could  foresee.  So  •  that,  I  think,  the  proof 
against  the  prisoners  is  so  strong,  and  so  little 
hath  been  alledged  by  them  in  their  defence, 
that  it  would  be  but  loss  of  time  to  do  what  | 
at  first  intended.    Only  I  will  observe,  That 

P 


$11}    STATE  TRIALS,  3t  Charles  II.  1619— Trial  if  Green,  Berry,  and  Hill,  [21* 

Mr.  Bedlow  doth  agree  with  Mr.  Prauncc  as 
far  forth  as  is  possible ;  that  is, .  in  those  parts 
of  the  fact,  of  which  he  pretends  to  have  any 
knowledge.  Yet  had  they  never  any  communi- 
cation one  with  another,  as  both  have  sworn. 
And  your  lordship  will  observe  in  how  many 
particulars  they  do  agree ;  namely,  as  to  the 
dark- Ian  thorn,  as  to  the  covering  of  the  body  in 
the  room ;  how  they  intended  to  carry  the  body 
out  in  a  sedan,  and  the  rest.  So  that  if  they 
had  laid  their  heads  together  to  contrive  a  story 
they  could  hardly  have  agreed  in  so  many  cir- 
cumstances ;  and  yet  this  they  do,  without  dis- 
coursing with  each  other  before-hand. 

My  lord  I  must  likewise  observe  to  you,  that 
the  servants  of  the  Plow-alehouse  concur  as  to 
meetings  there :  The  maid  agrees  as  to  the  pri- 
soners coming  to  sir  £.  Godfrey's  house,  and  to 
the  time,  viz.  that'  Saturday  morning ;  nay,  to 
the  very  hours  of  nine  or  ten  o'clock ;  that  the 
constable's  relation  of  the  posture  in  which  the 
body  was  found  in  the  field,  doth  perfectly 
agree  with  the  account  that  the  murderers  gave 
thereof  to  Mr.  Praunce  the  next  morning. 
The  chirurgeons  do  agree  with  Mr.  Praunce, 
as  to  the  manner"  of  sir  £.  Godfrey's  being  kill- 
ed, the  strangling,  the  bruising  of  his  stomach, 
the  twisting  of  his  neck.  And  the  witnesses 
from  Bow  make  it  out,  that  Dethick  was  sent 
for;  that  they  had  a  dinner  there.    The  boy 

§  roves  that  be  overheard  them  reading  some- 
ling  about  sir  £.  Godfrey,  and  that  they  were 
very  merry ;  and  that  for  his  listening  he  was 
threatened  to  be  kicked  down  stairs. 

So  that,  I  think,  there  never  was  an  evidence 
that  was  better  fortified  with  circumstances 
than  this :  My  lord,  I  shall  be  bold  to  say, 
here  it  certainly  as  much  evidence  as  the  mat- 
ter is  capable  of.  It  is  not  to  be  expected,  that 
they  should  call  witnesses  to  be  by,  when  they 
do  such  foul  facts ;  so  that  none  can  swear  di- 
rectly the  very  fact,  but  such  a  one  as  was  an 
actor  in  it.  All  circumstances  relating  to  the 
fact,  both  before  and  after,  are  made  out  by 
concurrent  testimony.  And,  my  lord,  I  must 
observe,  that  this  was  a  murder  committed 
through  zeal  to  a  false  religion,  nud  that  reli- 
gion was  a  bond  of  secrecy.  We  all  know,  his 
majesty  hath  been  graciously  pleased,  by  his 
Proclamation,  to  propose  a  pardon,  and  a'  re- 
ward to  the  discoverers.  And  yet  almost  with- 
out effect:  their  zeal  to  their  false  religion  was 
a  greater  obstacle,  than  the  Proclamation  was 
an  incitement  to  the  discovery.  And  I  do  be- 
lieve, if  Mr.  Praunce  had  not  had  some  incli- 
nation to  change  his  religion,  you  had  still  been 
without  so  clear  a  discovery  of  this  work  of 
darkness,  as  now  you  have.  I  shall  say  no 
more,  but  conclude  to  the  jury  with  that  say- 
ing, that  I  remember  in  the  Book  of  Judges 
(iu  the  case  of  a  murder  too,  though  of  another 
nature),  Judges  xix.  30.    *  The  people  said 

*  there  was  no  such  deed  done,  nor  seen,  from 

*  the  day  that  the  children  of  Israel  came  out 
S>f  Egypt.'  And  I  may  say  there  was  never 
such  a  barbarous  murder  committed  in  England 
since  the  people  of  England  were  free  from  the 


yoke  of  the  pope's  tyranny ;  and,  as  it  b 
there,  so  say  I  now,  *  Consider  of  it,  take  ad- 
vice, and  speak  your  minds.' 

Mr.  Solicitor  General.  My  Lord,  I  would 
onlv  make  one  observation  to  your  lordship, 
which  is  this :  I  do  not  find  they  do  in  the  least 
pretend  ro  tax  Mr.  Praunce,  that  any  person 
hath  bribed  him  to  give  this  evidence;  nor  that 
there  was  the  least  reward  ever  proposed  to 
him  to  bear  witness  against  them,  not  so  much 
as  the  hopes  of  that  reward  contained  in  the 
king's  Proclamation ;  yet  Mr.  Praunce,  if  he 
had  had  a  mind  to  bear  false  witness,  might 
have  laid  hold  of  that  opportunity ;  but  so  far 
was  he  from  pretending  to  discover  any  thing, 
that  he  denied  all  when  he  was  first  appre- 
hended. But  after  he  was  in  hold,  and  likely 
to  be  brought  to  justice,  and  lying  under  the 
conviction  of  a  guilty  conscience,  then,  and  not 
till  then,  does  he  discover  it. 

There  is  no  objection  in  the  world  to  be 
made,  but  since  this  discovery,  Mr.  Praunce 
hath  retracted  what  he  said  before,  but  he 
gives  you  a  very  good  account  of  it;  the  terrors 
of  conscience  he  then  lay  under,  the  fears  that 
be  should  not  be  pardoned,  and  the  appre- 
hensions he  had  from  the  threats  on  their  side, 
and  the  danger  of  bis  utter  ruin,  put  him  upon 
that  denial. 

But,  my  Lord,  he  tells  you  likewise,  That  as 
soon  as  ever  he  was  brought  back  to  the  pri* 
son,  he  owned  all  he  bad  said  at  first,  and  de- 
sired he  might  be  carried  back  again  to  testify 
the  truth  of  what  he  had  first  sworn  to.    This. 
my  lord,  he  gives  you  an  account  of,  and  the 
same  account  does  the  keeper  of  the  prison 
give  too.    I  have  nothing  to  say  more,  bat 
only  just  to  observe  the  many  circumstances 
whereby  Mr.  Praunce's  testimony  is  fortified. 
Mr.  Bedlow  does  agree  with  him  in  every  cir*. 
cumstance,  as  far  as  his  knowledge  went:  the 
maid  of  the  house  agrees  with  his  testimony  ; 
that  says,  she  saw  Green  at  sir  £.  Godfrey's 
several  times,  though  here  he  denies  he  knew/ 
him.    That  she  saw  Hill  there  that  very  morn- 
ing her  master  was  missed  ;  that  he  talked  with 
her  master  a  quarter  of  an  hour ;  that  she  knevr 
him  by  a  very  good  token;  not  only  by  his 
face,  but  also  that  he  had  the  same  clothes  on. 
then  he  hath  now. 

Mr.  Praunce  hath  likewise  told  you  of  ano- 
ther  circumstance,  the  meeting  at  the  Plow/-' 
alehouse,  where  they  laid  the  whole  design  of 
entrapping  sir  E.  Godfrey ;  and  herein  he  is  for- 
tified by  the  concurrent  testimony  of  the  roaster 
of  the  house,  and  his  servant  too,  though  they 
now  deny  that  ever  they  had  been  in  his  com- 
pany there ;  or  that  they  so  much  as  knew  Gi» 
raid;  though  when  they  were  examined  at  the 
council-hoard,  they  said  they  knew  Girald,  but 
not  Kelly J  and'  now  they  are  pressed  with  it 
here,  Hill  retreats  to  this,  that  he  knows  one 
Girald,  bat  not  Girald  the  priest. 

My  Lord,  I  think  the  matter  is  so  fully  and 
so  plainly  proved  beyond  exception,  that  there 
needs  no  repetition  in  the  case :  it  is  impossi- 
ble that  Mr.  Praunce,  a  man  of  that  xnemc 

1 


913]  STATE  TRIALS,  31  Charles  II.  \m. --for  the  Murder  of  Sir  E.  Go<tfr<y.  [2l£ 

that  which  was  most  pressing  in  the  evidence, 
he  went  to  sir  Edniundbury's  house.  -  This  he 
seems  to  deny ;  but  the  maid  does  swear  it  ex- 
pressly upon  him  ;  and  says,  she  came  first  to 
him,  and  went  up  stairs,  and  then  came  back 
again,  and  still  he  was  there.  And  she  swears 
positively  she  knows  him  by  bis  face,  and  by 
the  clothes  be  then  had  on,  which  are  the  same 
clothes  he  hath  on  now,  and  dint  is  the  man 
that  was  with  her  master ;  and  this,  which  thej 
cannot  disprove,  half  proves  the  matter. 

What  bad  he  to  do  at  sir  Godfrey's  house  ? 
But  that  would  be  an  bard  puzzling  question 
to  be  put  to  bim  :  What  did  you  there  ?  And 
therefore  he  is  to  deny  it ;  but  the  maid  proves 
it  upon  him,  as  well  as  Praunee.  So  that  I 
would  have  you  consider  how  many  witnesses 
you  have  to  one  thing  or  another,  all  conduc- 
ing to  this  point. 

You  have  first  Mr.  Oates*  that  tells  you  the 
discourse  that  passed  between  sir  Edmund  bury 
Godfrey  and  him  ;  the  maid  tells  you  that  both 
these  men  were  there,  one  at  one  time,  and  the 
other  at  another ;  and  you  have  Mr.  Praunee, 
that  knew  the  whole  affair,  who  tells  you  so  like- 
wise, and  that  they  were  resolved  to  do  the 
work  that  day,  in  so  much,  that  if  they  could 
not  doit,  as  they  before  contrived  it  (and  sir 
Edmundbury  Godfrey  was  sensible  that  he  was 
dogged  op  and  down),  Girald  did  resolve  to 
dogg  him  to  his  own  door,  and  kill  him  in  the 
lane  that  leads  to  his  boose ;  he  would  have  ran 
him  through  himself ;  and  this  Girald  is  one  of 
those  priests,  whose  church  counts  it  no  sin, 
but  an  act  of  charity  to  murder  a  christian!  to 
propagate  Christianity. 

When  they  had  way-laid  him,  and  watched 
his  coming,  from  what  place  Mr.  Ptaonce  can- 
not tell ;  for  he  knows  nothing  but  what  they 
told  him,  and  they  only  named  in  general,  that 
he  was  lodged  in  St.  Clement's ;  aod  thereupon 
one  comes  to  acquaint  him,  that  they  would  en- 
tice him  in  at  the  water-gate  by  Somerset- house, 
atid  they  would  do  it  with  art  enough,  for  they 
never  want  a  contrivance  for4  so  charitable  an 
act ;  And  it  was  upon  this  pretence  that  there 
were  two  -men  a  wrangling  and  fighting,  and 
then  he  being  a  justice  of  the  peace,  was  a  per- 
son that  would  part  the  fray  easily. 

And  it  was  a  probable  intention  :  For  sir  E. 
Godfrey  was  a  man  that  was  as  willing  to  do  all 
acts  of  justice  as  any  one,  and  as  little  afraid 
to  do  it ;  for  the  witness  tells  you  before, 
that  he  said,  if  they  did  do  him  a  mischief,  they 
must  do  it  basely,  for  he  did  not  fear  the  best 
of  them  upon  fair  play.  Then  when  be  was 
desired  to  get  himself  a  man  to  follow  him,  be 
slighted  the  advice  :  And  we  all  know,  that  he 
was  a  man  of  singular  courage,  and  therefore 
it  was  the  easier  to  lay  a  trap  for  him.  Then 
saith  Praunee,  when  he  was  got  in,  Berry  and  .1 
were  to  have  several  posts,' which  we  were  to 
go  to,  I  to  one  place,  and  Berry  to.  another  ; 
and  I  staid,  saith  he.  till  Green  threw  the  cra- 
vat about  his  neck,  and  was  assisted  by  Girald 
and  the  rest  that  were  there..  And  then,  a* 
soon  as  we  could  imagine  the  thing  to  bo  don** 


capacity,  ahooJd  invent  a  story  with  so  many 
circumstances,  sdl  so  consistent,  if  there  were 
not  truth  ax  the  bottom  of  it.  He  shews  you 
the  particular  places,  from  place  to  place, 
where  they  decoyed  him  in,  and  how  they  dis- 
posed of  him,  to  the  time  they  carried  him  out. 
And  in  each  of  these  circumstances  there  is 
not  the  least  improbability  or  cause  to  disbe- 
lieve him.  It  hath  been  already  so  fully  re- 
peated, and  the  plainness  of  the  evidence  is  so 
convincing,  that  I  need  not  make  more  obser- 
vations upon  it,  but  submit  it  to  your  lordship 
and  the  jury. 

Then  the  Lord  Chief  Justice  directed  the 
Jury  in  this  manner : 

Look  you,  gentlemen  of  the  jury,  this  is  an 
inquisition  for  innocent  blood  that  hath  been 
shed,  and  jour  business  is  to  see  if  you  can  find 
oat  the  murderers.  We  would  not  add  inno- 
cent blood  to  innocent  blood:  but  on  the  other 
side,  if  you  have  received  satisfaction  so  much 
as  die  nature  of  the  thing  can  bear,  then  the 
land  is  defiled,  unless  this  be  satisfied.  Now, 
for  that  I  will  urge  the  witness  and  testimony 
no  further  than  it  does  appear;  for  yon  and  we 
are  aff  upon  outf  oaths  to  do  uprightly,  neither 
10  spare  murderers,  nor  condemn  the  innocent 
In  the  first  place,  We  began  with  Mr.  Oates, 
and  he  told  you,  that  he  had  some  converse 
with  sir  E.  Godfrey,  and  that  he  was  threatened 
by  some,  and  had  no  good  will  for  bis  pains, 
hi  taking  those  examinations  he  had  taken, 
and  he  was  afraid  his  life  was  in  danger.  This 
he  tells  you  was  the  discourse  before- hand,  aod 
this  is  produced  to  lead  you  to  consider  what 
sort  of  persons  they  were,  of  whom  be  was 
likely  to  have  these  fears;  for  his  fears  did 
arise  from  his  having  done  bis  part  as  a  justice 
of  peace,  in  taking  the  examinations  upon  oath. 
For  the  testimony  of  the  fact,  they  produce 
first  Mr-  Praunee,  wherein  you  will  do  well  to 
observe  all  the  degrees  that  he  goes  by  before 
the  met,  and  all  the  circumstances  in  the  trans- 
action of  that  affair,  and  the  parties  by  whom  it 
was  to  be  enacted  :  First  he  tells  you,  how  long 
it  was  before  they  could  entice  him  to  consent 
to  such  a  villainy  as  this  was  to  murder  a  man ; 
he  tells  you  by  whom  he  was  thus  enticed, 
which  makes  the  story  more  probable ;  that  is, 
by  Girald  and  Kelly  (two  priests) ;  and  he  tells 
it  you  still  more  probably  by  their  doctrine,  that 
it  was  no  sin  ;  but  it  was  rather  an  act  of  cha- 
rity to  kill  a  man  that  bad  done,  and  was  like  to 
do  them  mischief:  So  that  if  you  consider  the 
persons  the;  preached  to  him,  and  the  doctrine 
they  taught,  it  carries  a  great  shew  and  pre- 
sumption of  truth  in  itself.  When  they  had 
met  together  at  the  Plow  several"  times  (which 
was  denied  by  some  of  them,  but  is  most  ma- 
nifestly proved  by  the  master  of  the  house  and 
the  hoy),  and  the  wished  for  time  was' come; 
for  they  were  to  watch  the  opportunity,  and 
Mr.  Praunee  was  to  be  at  home,  and  they  would 
call  him  to  give  his  helping  band  ;  he  tells  you, 
that  Mr.  Hul  did  go  that  morning  ;  for  though 
be  talks  of  an  errand  before,  yet  to  keep  to  I 


215]   STATE  TRIALS,  31  Charles  II.  1679.— Trial  of  Green,  Berry,  and  Hill,  [21G 


Berry  comes  in,  and  Praunce  comes  back  from 
his  standing,  and  by  some  motions  finds  that  he 
was  ali? e,  and  that  till  Green  twisted  his  neck 
round  ;  which  the  Chirurgeons  say  was  plainly 
a  broken  neck,  and  nothing  of  the  wounds 
which  were  in  hit  body  were  given  him  while 
he  was  alive. 

.When  they  bad  done  this,  he  tells  you,  they 
carried  him  to  Mr.  Hill's  chamber :  Berry,  Gi- 
rald, Kelly  and  the  rest,  ali  helped  him  in,  and 
there  they  leave  him.  Then  Praunce  goes  away. 
This  was  on  Saturday  night.  Then  Praunce 
comes  again  on  Monday  night,  and  finds  him 
removed  to  another  chamber  hard  by,  where 
he  saw  him  by  the  light  of  a  darkJanlheon, 
with  something  thrown  over  his  face ;  and  after- 
wards on  Tuesday  night  following  they  did  re- 
move him  back  to  Hill's  lodgings,  and  there  he 
lay  till  Wednesday  night,  when  they  carried 
him  out. 

Saith  Praunce,  I  saw  him  that  night :  ,1  was 
the  man  that  helped  to  carry  him  out,  for  it 
was  Praunce  and  Girald  that  carried  him  first, 
and  it  was  Green  and  Kelly  who  went  before, 
and  took  him  up  afterward.  He  tells  you,  they 
set  him  upon  an  horseback,  and  Hill  behind 
him.  They  carried  him  out  in  a  chair,  which 
was  a  thing  that  used  to  come  in  and  go  out 
there,  and  so  the  less  notice  would  be  taken 
of  it.  I  will  observe  to  you  afterwards,  on  the 
prisoners  behalf,  what  is  said  for  them  to  all 
this. 

But  as  to  Praunce,  you  see  tie  hath  given  you 
an  account  from  the  top  to  the  bottom,  from 
the  first  transaction  between  tbem,  from  the 
time  of  his  being  called  by  them  to  help  in  the 
murder,  and  from  bis  seeing  the  handkerchief 
twisted  about  his  neck,  bis  neck  twisted  round ; 
how  they  disposed  of  his  body  at  first ;  what 
removes  they  made,  and  when  they  carried  him 
out,  who  were  in  company,  who  relieved  them, 
and  what  became  of  him  at  last. 

He  says,  he  saw  him  set  up  before  Hill  on 
horseback,  and  they  told  him,  they  had  thrown 
him  into  a  ditch,  and  Girald  bad  run  him  through 
with  his  own  sword ;  and  in  that  posture,  and 
in  that  place  the  constable  found  him :  The 
chirurgeons  tell  you  that  it  was  by  the  twisting 
of  his  neck,  and  the  strangling,, that  be  was 
killed,  and  not  by  the  wounds ;  and  the  very 
bruising?  which  Praunce  speaks  of,  were  found 
upon  the  view  of  the  body.  So  that  here  is  not 
any  one  thing  that  is  not  backed  either  in  some 
particular  circumstance  or  other ;  besides  Mr. 
Praunce's  testimony,  who  (alone)  could  give  the 
narrative  of  the  fact. 

And  it  is  no  argument  against  Mr.  Praunce 
in  the  world,  that  he  should  not  be  believed 
because  he  was  a  party,  or  because  he  after  de- 
nied what  he  first  said:  First  because  you  can 
have  no  body  to  discover  such  a  fact,  but  only 
one  that  was  privy  to  it :  So  that  we  can  have 
no  evidence,  but  what  arises  from  a  party  to 
the  crime.  And  in  the  next  place,  his  denial 
after  he  had  confessed  it,  to  me,  does  not  at  all 
sound  as  an  act  of  falshood,  but  fear.  It  is  not 
a  good  argument  to  say,  that  he  is  not  to  be  be- 


lieved because  he  deoied  what  he  once  ssid ; 
for  he  tells  you  he  had  not  his  pardon,  he  was 
in  great  consternation  ;  the  horror  of  the  fact 
itself,  and  the  loss  of  his  trade  and  livelihood 
was  enough  to  do  it.  But  how  short  was  his 
denial,  and  how  quick  was  his  recantation !  For 
he  denied  it  before  the  king;  not  upon  oath  : 
He  swore  it  upon  oath,  but  he  denies  it  upon 
his  word  only  ;  but  by  that  time  he  got  home 
to  Newgate,  with  captain  Richardson,  he  fell 
down  on  his  knees,  and  begged  him  for  God's 
sake  to  carry  him  back  to  the  king,  for  what  I 
did  say  at  first,  said  be,  is  true,  and  this  denial 
is  false.  And  here  could  be  no  tampering,  no 
contrivance  made  use  of;  no,  it  is  plain  there 
could  be  no  art  used  to  make  him  retract 
from  his  first  testimony.  And  these  are  the  par* 
ticulars,  as  to  Praunce's  evidence. 

Then  comes  Mr.  Bedlow,  and  tells  you,  that 
he  was  commanded  by  Le  Faire,  and  the  priests 
he  was  acquainted  with  to  insinuate  himself 
into  the  acquaintance  of  sir  £.  Godfrey ;  they  did 
not  tell  him  why ;  they  themselves  knew  prin- 
vately  wherefore,  and  they  did  intend  him  an 
an  instrument  to  do  it,  as  appears  afterward. 
He  tells  you,  he  got  into  his  acquaintance,  by 
pretending  to  go  for  warrants  for  the  good  beha- 
viour and  the  peace,  as  he  knew  sir  £.  Godfrey 
was  willing  to  have  the  peace  kept;  and  he  was 
with  him  every  day  almost,  for  a  week  or  more. 

Then  the  priests  come  a  little  nearer,  and 
tampered  with  him  to  kill  a  man,  an  ill  man 
for  their  turn,  und  that  Mr.  Bedlow  should  be 
very   well  rewarded,  he  should  have  4,000/. 
to  kill  that  gentleman  ;  but  still  they  kept  •  the 
name  secret.      He  promised  tbem  fair,  but 
broke  his  word.  Afterwards  be  meets  this  com- 
panion that  he  had  most  confidence  in,  and 
being  taxed  with  his  breach  of  promise,  said  he. 
I  bad  business,  I  could  not  come.     Well,  said 
his  companion,  you  should  have  been  as  good 
as  your  word  ;  but  the  thing  is  done,  the  per- 
son is  killed,  and  I  would  nave  you  help   to 
carry  him  away.    He  promises  to  do  it;  and   to 
meet  him  at  Somerset-bouse ;  accordingly  he 
comes  up  on  Monday  in  the  evening,  and  about 
nine  or  ten  of  the  clock  at  night  Mr.  Bedlow 
swears,  that  in  his  chamber  that  Praunce  says 
he  was  laid  in,  he  did  see  the  body  by  the  help 
of  a  dark-lanthorn ;  and  his  face  was  covered 
with  a  cloke  or  mantle,  or  some  such  thing 
thrown  over  him. 

And  these  two  men,  viz.  Mr.  Praunce  ana  Mr. 
Bedlow,  as  the  council  have  observed,  bad  not 
any  confederacy  together,  for  they  both  swear, 
that  the  never  had  any  converse  at  all  ;  and 
if  it  be  so,  then  it  is  impossible  for  two  men  so 
to  agree  in  a  tale,  with  all  circumstances,  if 
they  never  conversed  together,  but.it  must  be 
true. 

It  is  hardly  possible  for  any  man  to  invent 
such  a  story  ;  for  Praunce  it  is,  I  believe.  ] 
find  it  is  no  bard  Jthing  for  the  priests  to  con- 
trive such  an  action  ;  but  for  two  witnesses  tc 
agree  in  so  many  material  circumstances  wit  ft 
one  another,  that  had  never  conversed  logo. 
tber,  is  impossible. 


£17]  STATE  TRIALS,  .11  Chablis  II.  1679.-; for  the  Murder  qfSk  E.  Godfrey.   [210 


If  all  this  had  been  a  chimera,  and  not 
really  so,  then  Praonce  most  be  one  of  the  no- 
tables* inventors  in  the  world.  And  there  must 
have  been  the  mightiest  chance  io  the  world, 
that  Mr.  fiedlow  and  he  should  agree  so  in  all 
things ;  and  that  the  maid  should  swear,  that 
Hill  was  there  that  morning;  and  that  the 
constable  should  find  the  body,  just  as  they 
told  Praonce  they  had  left  him. 

So  that  upon  toe  matter,  you  have  two  wit- 
nesses almost  in  every  thing  :  for  Mr.  Bedlow, 
seeing  him  io  the  place  murdered,  is  a  plain 
evidence  that  the  thing;  was  done ;  and  all  the 
other  witnesses,  speaking  to  circumstances  both 
before  and  after,  make  the  evidence  plain,  that* 
these  were  the  persons  who  did  it.  And  I  see 
nothing  incoherent  in  all  Mr.  Praunce's  testi- 
mony. 

I  would  not  urge  this  so,  if  I  was  not  satisfied 
io  my  own  conscience  that  the  relation  is  true. 
Id  the  prisoner's  defeuce,  there  is  but  one  thing 
that  hath  any  sort  *of  weight ;    for  the  young 
gentlewoman  talking  of  his  being  constantly  at 
borne  at  eight  o'clock,  is  nothing  ;   for  she  says 
theysJwajsgo  to  bed  about  nine  o'clock,  and 
ihev  five  no  answer  to  this,  but  that  it  could  not 
he  done  in  their  house  but  they  must  know  of  it ; 
hot  do  not  shew  how   that  must  needs  be ;  so 
that  all  their  evidence  isslight,aud  answers  itself 
or  else  not  possible  to  be  true.    All  the  testi- 
mony that  is    considerable  in  this  matter,  is 
that  which  Berry  produces ;    and  that  is  con- 
cerning the  centinels  who  kept  the  guard  that 
Wednesday  night  the  body   was  carried  out ; 
and  he  says,  there  was  no  sedan  carried  out 
And  although  this  evidence  be  produced  hut 
by  one  of  them,  yet  it  is  to  the  benefit  of  them 
ail  three  ;  for  if  it  were  certain  and  infallibly 
tree,  that  the  centinels  did  so  watch  at  the  gate 
that  no  mortal  -could  go  out  of  the  place,  and 
if  the  darkness  of  the  night  might  nor  binder 
him  from  seeing  what  might  go  out,  or  that  Mr. 
Berry's  voice  being  known  to  him,  he  might 
not  call  to  him,  and  so  Mr.  Berry  might  open 
the  gate  without  any  mat  caution,  or  more 
particular  observation  by  the  centinel,  so  that 
das  might  escape  his  observation  or  remem- 
brance, and  yet  that  the  centinel  be  an  honest 
man,  and  speak  true,  as  he  thinks,  to  his  best 
remembrance,  which  I  leave  to  your  considera- 
tion.   But  there  is  one  thing  the  other  centinel 
tens  yon,  that  about  eight  or  nine  o'clock  (for 
he  went  off  at  ten)  there  was  a  Sedan  brought  in, 
and  he  did  not  see  it  go  out ;  and  so  says  he  that 
watched  from  ten  to  one ;  and  this  is  the  only 
thing  which  bath  any  colour  in  it,  in  behalf  of 
the  prisoners.     But  he  that  says  there  was  no 
body  went  out,  says  also,  that  he  never  saw  the 
sedan ;   but    the  "centinel  that  was  relieved, 
says,  that  he  saw  it  go  in.    Now  how  far  that 
single  testimony  of  Nicholas  Wright,  the  <:enti- 
sel  wiQ  weigh,  who  says  that  none  went  out,  I 
leave  with  yon,  which  may  be  mistaken,  either 
by  reason  of  the  darkness  of  the  night,  or  those 
flther  particulars  I  have  observed  to  you. 

Bat  this  a  all  that  can  overthrow  the  whole 
ffries  of  the  evidence  that  bath  been  given  by 

I 


Mr.  Prauncc,  upon  whom  I  find  not  the  least 

reflection,  except  yon  will  call  that  one,  which 
to  me,  as  it  is  circumstanced,  is  rather  an  ar- 
gument for  bim  than  against  him,  viz.  his 
going  off  from  what  he  said.  And  what  sir  Ro- 
bert Southwell  says  is  regardable,  that  when  be 
shewed  them  the  place  where  he  was  strangled, 
the  house  to  which  he  was  first  carried,  be  did 
it  very  readily  and  confidently,  but  was  puz- 
zled to  find  out  the  room  where  he  was  re^- 
moved  when  he  saw  him  by  the  dark  lanthorn, 
and  would  not  positively  assert  where  it 
was ;  which  shews  the  integrity  of  the  man, 
who  would  else  have  gone  through  with- 
out boggling,  for  if  all  were  a  lie,  why 
should  he  stick  at  one  thing  more  than  ano- 
ther, but  have  shewed  some  room  or  other?  but 
when  he  was  confident  he  appeared  so,  and 
when  he  was  doubtful  he  appeared  so,  and  so 
shewed  himself  an  honest  man. 

These  are  the  particular  matters,  and,  as  near 
as  I  can  remember,  all  that  hath  been  materi- 
ally offered  for  the  prisoners,  against  the  king's 
evidence.  For  the  testimony  of  tbe  landlord, 
Warrier,  and  his  wife,  it  is  plainly  spoken  of 
another  time,  for  it  was  the  Saturday  after  the 
Thursday  he  was  found,  the  19th  of  October. 
So  that  they  speak  nothing  but  what  is  true,  and 
yet  nothing  to  the  purpose  ;  for  the  question 
is,  of  that  which  was  done  the  12th;  but  they 
speik  of  a  iime  when  the  tragedy  was  passed, 
so  that  there  is  only  the  single  evidence  of  one 
witness,  the  centinel,  which  most  be  opposed 
to  all  the  concurring  evidence  given  against 
tbeui. 

Berry.  There  was  centinels  placed  at  every 
one  of  tbe  gates. 

L.  C.  J.  That  is  nothing,  for  we  speak  only 
of  this  gate,  the  great  gate  ;  but  I  will  tell  yon 
what  there  is  that  does  not  arise  from  these 
witnesses,  but  from  tbe  nature  of  the  thing  they 
were  about  and  the  persons  that  transacted  it, 
that  gives  credit  to  the  testimonies  of  the  wit- 
nesses, so  as  to  incline  any  one  to  believe  them 
as  things  stand  at  this  day,  in  reference  to  the 
known  design  of  the  priests  to  subvert  onr  reli- 
gion, for  they  must  justify  one  ill  by  another, 
and  the  mischiefs  tbey  have  done  will  not  be 
safe,  unless  they  do  more. 

And  for  the  priests  being  the  preachers  of 
murder,  and  your  sin,  that  it  is  charity  to  kill 
any  man  that  stands  in  their  way  ;  their  doc- 
trine will  make  you  easily  believe  their  practice, 
and  their  practice  proves  their  doctrine.  Such 
courses  as  these  we  have  not  known  in  England 
till  it  was  brought  out  of  their  Catholic  countries : 
what  belongs  to  secret  stranglings  and  poison- 
ings, are  strange  to  us,  though  common  in  Italy. 
But  now  your  priests  are  come  hither  to  be  the 
pope's  bravos,  and  to  murder  men  for  tbe  ho- 
nour of  his  holiness :  and  as  thev  are  inhuman 
so  they  are  unmanly  too ;  for  sir  £.  Godfrey 
bad  not  been*  afraid  of  two  or  three  of  your 
priests,  if  they  would  have  dealt  fairly  with  mm. 

Berry'  He  was  a  gentleman  that  I  never 
spoke  with  in  all  my  life.  / 

X.  C.  J.  You  must  say  and  believe,  asyoar 


9U>]  STATE  TRIALS,  SIChabwsII.  1619-— Trial  qf  Green,  Berry,  and  Hill,  [<2j9 


priest  will  have  you,  and  in  snch  actions  as 
these  as  jour  priests  suggest  to  you,  so  does  the 
devil  to  your  priests  ;  if  you  are  upon  the  mat- 
ter necessitated  to  what  they  will  have  you 
think ;  for  though  your  priests  preach  up  free- 
dom of  will,  yet  they  allow  none  to  the  under- 
standing. They  hold  you  may  do  good  or  evil, 
but  will  not  suffer  you  to  understand  right  and 
wrong,  for  you  cannot  be  perfectly  theirs,  if 
you  have  any  thing  of  your  own  to  guide  your- 
selves by.  ,     " 

I  know  that  every  body  of  that  party  is  apt 
to  say  their  priests  own  no  such  thing,  but  it  is 
notoriously  known  to  all  the  world,  that  they 
both  print  it,  and«practise  it.  What,  shall  any 
of  you  dispute  the  power  of  a  pope?  saith  a 
Jesuit :  or,  of  a  pope  and  council  ?  say  the 
most  moderate  priests.  Have  you  power  to  say 
how  far  you  will  be  a  papist,  and  how  far  not  ? 
you  may  as  well  bound  the  sea,  and  bid  it  go 
thus  far,  and  no  farther,  as  limit  the  pope's  au- 
thority. I  wonder  any  man  should  be  of  that 
persuasion,  and  yet  keep  his  reason  :  much  less 
turn  from  our  religion  to  theirs,  if  he  considers 
how  they  impose,  and  what  mischiefs  and  blood 
you  are  involved  in  by  your  priests,  that  have 
alarmed  the  nation.  For  I  will  affirm,  the 
greatest  mischief  the  papists  have  received, 
come  from  their  uriests,  who  have  such  un- 
worthy and  unmanly  ways  of  setting  up  their 
religion :  What !  Do  tpey  think  it  an  act  of 
charity  to  kill  men ;  or  is  the  Christian  Religion 
or  yours,  to  be  promoted  by  such  means  as 
these?  No,  gentlemen,  it  is  the  fault  of  your 
doctrine,  and  it  is  a  monstrous  mistake  in  you, 
if  you  think  that  yon  have  any  power  of  your 
own  whilst  you  continue  in  their  persuasion. 

I  know  some  will  ascribe  all  to  conscience 
that  guides  them,  and  that  even  these  mischiefs 
are  but  the  effects  of  their  religious  obedience  ; 
but  they  are  indeed  the  consequences  of  the 
blindness  of  their  obedience.  1  wonder  bow 
any  man  can  have  the  face,  thus  to  disorder  a 
whole  nation,  and  yet  pretend  conscience  for  it. 
Let  no  man  tell  me,  O,  sir,  we  desire  none  of 
these  mischiefs  you  talk  of;  what,  not  if  reli- 
gion requires  it,  or  if  the  pope  says  it  does? 
hath  not  the  council  of  Laterun  decreed  that 
every  popish  prince  ought  to  root  out  heresy 
upon  pain  of  damnation  1  you  must:  can  you 
go  and  tell  the  pope  how  far  you  will  believe,  or 
what  you  ought  to  do  ?  You  may  as  well  tell 
me,  that  if  he  were  once  with  us,  and  had  the 
power  he  once  had,  be  would  leave  us  to  our- 
selves and  that  if  he  had  the  same  ability,  he 
would  not  have  the  same  tyranny. 

And  therefore  all  the  Roman  Catholic  gen- 
tlemen in  England  would  do  very  well  to  con- 
sider, how  much  it  concerns  Christianity  not  to 
give  offence ;  and  if  they  cannot  at  this  time 
Eve  in  a  Protestant  kingdom  with  security  to 
their  neighbours,  but  cause  such  fears  and  dan- 
gers, and  thai,  for  conscience  sake,  let  them 
keep  their  consciences  but  leave  the  kingdom. 
If  they  say,  why  should  notwestay  here,  while 
we  do  no  mischief  ?  Alas,  that  is  not  in  your 
power.    You  cannot  be  quiet  in  your  own  reli- 


gion, unless  you  disturb  ours ;  and  therefore, 
if  to  shew  your  consciences  you  acquit  the  conn- 
try,  and  let  the  inconveniencies  light  op  your- 
selves only,  I  should  then  think  you  had  seal, 
though  not  according  to  knowledge  ;  and  not 
ascribe  it  to  any  plot,  but  to  the  simplicities  of 
understanding. 

But,  in  short,  there  is  a  monstrous  evidence 
of  the  whole  plot  itself  by  this  fact ;  for  we  can 
ascribe  it  to  none,  but  such  ends  as  these,  that 
such  a  man  must  be  killed;    for  it  must  be 
either  because  he  knew  something  the  priests 
would  not  have  hiin  to  tell,  or  they  must  do  it 
in  defiance  of  justice,  and  in  terror  to  all  them 
that  dare  execute  it  upon  them ;  which  carries 
a  great  evidence  in  itself,  and  which  I  leave  to 
your  consideration;    having  remembered,  as 
well  as  I  could,  the  proofs  against  them,  and  all 
that  is  considerable  for  them.    Add  to  this  the 
condition  that  we  are  in  at  this  time,  and  the 
eagerness  of  the  pursuit  that  these  priests  make 
to  gain  the  kingdom,  that,  for  my  own  part,  I 
must  put  it  into  my  litany,  That  God  would 
deliver  me   from  the  delusion  of  Popery,  and 
the  tyranny  of  the  Pope :     For  it  is  a  yoke 
which  we,  who  have  known  freedom,  cannot 
endure,   and  a  burden  which  none  but  that 
beast  who  was  made  for  burden,  will  bear.    So 
I  leave  it  to  your  consideration  upon  the  whole 
matter,  whether  the  evidence  of  the  fact  does 
not  satisfy  your  consciences,  that  these  men 
are  Guilty.    And   I  know  you   will  do  like 
honest  men  on  both  sides. 

[Then  the  Jury  withdrew  to  consider  of 
their  verdict,  and  after  a  short  space  returned 
again.] 

Cl.ofCr.  Gentlemen,  answer  to  your  names. 
Sir  Wdliam  Roberts. 

Sir  William  Roberts,  Here.  And  so  the) 
rest. 

CI.  of  Cr.  Gentlemen,  are  you  all  agreed  of 
your  verdict  i—Omnes.  Yes. 

CI.  qfCr,  Who  shall  say  for  you  ? 

Omnes.  Our  foreman. 

CI.  of  Cr.  Robert  Green,  hold  up  thy  band 
(which  he  did).  Look  upon  the  prisoner;  how 
say  you,  is  Robert  Green  Guilty  of  the  felony 
and  murder  whereof  he  stauds  indicted,  or  Not 
Guilty  ? 

Foreman*   Guilty. 

CL  of  Cr.  What  goods  or  chattels,  lands  Of 
tenements  ? 

Foreman.  None,  to  Qur  knowledge. 

CL  of  Cr.  Henry  Berry,  bold  up  thy  band 
(which  be  did).  Look  upon  the  prisoner.  Bow 
say  you,  is  Henry  Berry  Guilty  of  the  felony 
and  murder  whereof  he  stands  indicted,  or  Not 
Guilty  ? 

Foreman.  Guilty. 

CI.  of  Cr.  What  goods  or  chattels,  lands  or 
tenements? 

Foreman.   None,  to  our  knowledge. 

CL  of  Cr.  Lawrence  Hill,  hold  up  thy  hau«l 
(which  he  did).  How  say  you,  is  Lawrence  Hill 
Guilty  of  the  felony  and  murder  whereof  he) 
stands  indicted,  or  Not  Guilty  ? 


Guilty. 
CI.  of  Cr.  What  goods  or  chattels,  lands  or 


221]  STATE  TRIALS,  31  Charles  II.  1679.— /or  the  Murder  of  Sir  R  Godfrey.  (223 

lord;   I  think  they  always  plead  in  custody  of 
the  marshal. 

Justice  Wild.  But  this  seems  a  very  bar* 
barous  thing,  to  take  their  clothes  off  their 
backs. 

Justice  Dolben.  It  doth  so,  brother,  and  they 
must  be  restored. 

L  C.  X'  Yes,  ye;,  you  must  restore  them* 

Ashby.    They  shall  he,  my  lord. 

Recorder.     I  pray  your  Judgment, 

L.  C.  J.  Ask  them  what  they  can  say  to  bin* 
der  Judgment. 

CI.  of  Cr.  Robert  Green,  bold  up  thy  "band 
(which  he  did).  Thou  hast  been  indicted  of 
felony  and  murder,  thou  hast  been  thereupon 
arraigned,  thou  hast  pleaded  thereunto  Not 
Gailty,  and  for  thy  trial  thou  hast  put  thyself 
upon  God  and  thy  Country,  which  Country 
hath  found  thee  Guilty  ;  what  hast  thou  to  say 
for  thyself,  why  the  Court  should  not  proceed 
to  give  judgment  of  death  upon  thee,  and  award  • 
execution  according  to  the  law  ? 

Captain  Richardson.  What  have  you  to  say 
for  yourself? 

Grrten.  I  declare  to  all  the  world,  that  I 
am  as  innocent  of  the  thing  charged  upon  me, 
as  the  child  that  is  in  the  mother's  womb. 
I  die  innocent,  I  do  not  care  for  death.  I  go 
to  my  Saviour,  and  I  desire  all  that  hear  me  to 
pray  for  me.  I  never  saw  the  man  to  my 
knowledge,  alive  or  dead. 

CI.  of  Cr.  Henry  Berry,  hold  up  thy  hand 
(whieh  he  did).  Thou  hast  been  indicted  of 
felony  and  murder,  &c.  what  canst  thou  say, 
ore. 

Berry.  I  do  declare,  I  am  not  guilty  of  any 
thing  in  the  world  of  this. 

L.  C.  J.  We  do  not  expect  much  from  yon, 
and  it  is  no  great  matter ;  for  your  confession 
will  do  us  little  good,  but  only  for  yourselves'. 
We  regard  it  not  otherwise,  because  the  evi 
dence  was  so  plain,  that  all  mankind  is  satisfi- 
ed, there  is  no  scruple  in  the  thing;  and  we 
know  you  have  either  downright  denials,  or  eva- 
sions, or  equivocating  terms  for  every  thing ; 
yet  in  plain-dealing,  every  one  that  heard  your 
trial  hath  great  satisfaction ;  and  for  my  own 
particular,  I  have  great  satisfaction  that  you 
are  every  one  of  you  guilty. 

Cl.qfCr.  Lawrence  Hill,  hold  up  thy  hand 
(which  he  did).  Thou  hast  be  A  indicted  of 
felony  and  murder,  &c,  what  canst  thou  say, 
he. 

Hid.  I  have  nothing  to  say  for  myself,  but 
that  God  Almighty  knows  my  innocence. 

CI.  of  Cr.    Crier,  make  an  0  Yes, 

Crier.  O  Yes !  Our  sovereign  lord  the  king 
doth  strictly  charge  and  command  all  manner 
of  persons  to  keep  silence,  whHst  Judgment  is 
giving  upon  the  prisoners  convicted,  upon  pain 
of  imprisonment ;  peace  about  the  Court. 

Then  Mr.  Justice  Wild,  who,  as  second  judge 
in  that  Court,  pronounced  the  Sentence  in  all 
criminal  matters,  except  High  Treason,  spoke 
to  the  prisoners  thus : 

Justice  Wild.    You  that  art  the  prisoners  at 


Foreman.    None,  to  oar  knowledge. 

CI.  of  Cr.  Hearken  to  your  verdict,  as  the 
Court  hath  recorded  it.  You  say  that  Robert 
Green  is  Guilty  of  the  felony  and  murder 
whereof  be  stands  indicted.  You  say  that 
Henry  Berry  is  Guilty  of  the  felony  and  murder 
whereof  he  stands  indicted.  You  say  that  Law- 
rence  H31  is  Guilty  of  the  felony  and'  murder 
whereof  he  stands  indicted ;  and  that  neither 
they  nor  any  of  them,  had  any  goods  or  chat- 
tels, lands  or  tenements,  at  the  time  of  the  fe- 
lony committed,  or  at  any  time  since,  to  your 
knowledge.     And  so  you  say  all. 

Qames.    Yes. 

L.  C.  J.  Gentlemen,  you  have  found  the 
same  verdict  that  I  would  have  found  if  I  had 
been  one  with  yon  ;  and  if  it  were  the  last  word 
I  were  to  speak  in  this  world,  I  should  have  pro* 
nonnced  them  Guilty. 

At  wVuch  words  the  whole  assembly  gave  a 
{reat  about  of  applause. 

Ait.  Gm.  Will  your  lordships  please  to  give 
Judgment  this  evening  ?  I  know  it  is  not  usual 
the  lame  day. 

Justice  Wild.     My  lord,  I  am  ready. 

L.  C.  J.  No,  brother,  I  am  to  sit  at  Nisi 
Proa  this  afternoon,  and  it  is  time  we  broke  up 
the  Court. 

Ci.  of  Cr.  Captain  Richardson,  you  shall  have 
a  role  to  bring  them  to-morrow.  And  then  the 
Court  broke  np. 

Ob  Tuesday,  the  11th  of  February,  the  Pri- 
soners were  brought  again  to  the  bar,  in  order 
to  receive  tbeir  Sentence  ;  and  the  Court  pro- 
ceeded thus : 

Recorder.  My  lord,  as  I  was  directed  by  Mr. 
Attorney,  these  prisoners  being  convicted  of 
murder,  I  do,  for  the  king,  pray  Judgment  upon 
•hem  ;  but  I  must  first  acquaint  your  lordship, 
mat  immediately  after  their  conviction,  one  of 
the  officers,  a  tipstaff,  pretending  it  was  his  fee, 
took  their  clothes  off  their  backs. 

L.  C.  J.  Who  is  that  officer  ? 

Recorder.  One  Ashby. 

L.  C  J.  Call  him.  Why  do  you  offer  to 
meddle  with  these  men's  clothes  ? 

A*koy.  It  bath  been  an  ancient  custom  this 
40  years,  some  of  us  have  known  it,  that  the 
nanaalhath  the  upper  garment  of  all  prisoners 
tried  at  this  bar. 

J*  C.  J.  (Speaking  to  a  Clerk  of  the  Crown 
Office).  Is  there  any  .such  custom,  Mr.  Water- 
boose? 

Waterhous*.  No,  my  lord,  not  that  I  know 
of. 

L.  C.  J.  Here  ia  Mr.  Waterhouse,  that  hath 

faumn  the  practice  of  the  Court  this  three-score 

jeers,  savs  there  is  no  such  thing.    Either  re- 

aore  them  their  clothes,  or  we  will  take  some 

acher  course  with  you.     Are  they  in  your  ens- 

Justice f Dolben.     I  do  not  know  that,  my 


233)    STATE  TRIALS,  31  Charles  II.  1670.— Trial  ef  Green,  Berry,  and  Hill,  [994 


the  bar,  you  have  all  three  been  indicted  for  a 
detestable  murder,  and  thereunto  have  pleaded 
Not,  Guilty ;  and  put  yourselves  for  your  trial 
opou  your  country ;  and  your  country,  upon  a 
clear  'and  pregnant  evidence,  I  believe  Co  the 
satisfaction  of  all  good  men,  that  were  indiffe- 
rent, have  found  you  Guilty.  I  have  little 
comfort  to  say  any  &hing  to  you,  because  I  ob- 
serve your  obstinacy  at  the  bar ;  but  it  is  so 
generally  among  you  all,  you  will  confess  no- 
'  thine  to  the  death.  , 

Green.    God  forbid,  Sir. 

Justice  Wild.  But  though  1  am  of  another 
persuasion  than  you,  and  know  you  have  no 
charity  for  me,  yet  I  have  charity  for  you. 
And  if  I  shall  say  any  thing,  it  is  out  of  a  zeal- 
cms  affection  I  have  lor  your  souls ;  God  knows 
J  speak  it  upon  no  other  grounds ;  though  the 
offence  be  horrid,  yet  I  commiserate  your  per- 


sons. 


For  the  nature  of  your  offence,  it  is  murder  : 
'  He  that  sheds  man's  blood,  by  man  shall  bib 
blood  be  shed;  for  in  the  image  of  God 
created  he  him.'  So  saith  God  to  Noah,  intimat- 
ing and  declaring  thereby,  that  the  intention  of 
God  Almighty,  in  the  making  of  that  law,  was 
the  preservation  of  mankind;  and  that  he  will 
not  admit  or  suffer  his  image  to  be  defaced  or 
destroyed.  If  it  shall  be  accounted  treason 
against  earthly  princes  to  deface  their  images, 
is  it  not  much  more  treason  against  the  great 
God  of  heaven  and  earth,  to  deface  his  image, 
who  is  the  '  King  of  kings,  and  Lord  of  lords?' 
The  greatness  of  this  sin  struck  such  a  damp 
and  horror  upon  the  soul  of  Cain,  that  it  made 
him  cry  out,  '  His  punishment  was  greater 
than  he  could  bear  ;*  or,  as  our  bibles  have  it  in 
the  margin,  '  His  iniquity  was  greater  than 
could  be  forgiven ;  and  it  shall  come  to  pass, 
that  whosoever  meeteth  me,  shall  slay  me :' 
being  conscious  to  himself,  that  it  was  just  and 
lawful,  that  whosoever  did  meet  with  him 
should  slay  him.  And  God  himself  doth  set 
forth  the  heinousness  of  this  offence,  when  he 
tells  him,  '  liis  brother's  blood  cried  to  him ;' 
that  is,  cried  unto  God  from  the  earth  for  ven- 
geance. Blood,  it  is  of  a  crying  nature,  and 
wjll  never  cease  crying,  till  it  nad  out  the  man- 
slayer. 

It  is  an  offence  so  heinous  in  the  eye  of  God, 
that  he  will*  not  endure  it  in  a  beast ;  God 
saith,  be  will  require  it  of  a  beast.  And  doth 
God  require  blood  of  a  beast,  a  brutish  crea- 
ture void  of  all  reason,  and  will  be  not  require 
it  much  more  of  man,  whom  he  hath  enaued 
with  those  two  great  faculties  of  reason  and 
understanding?  and  certainly,  if  murder  in 
general  be  enquired  after,  I  may  well  say  this 
of  yours,  there  bath  not  been  committed  a 
more  impudent  and  barbarous  murder  in  this 
civilised  nation,  by  one  subject  upon  another. 
And  observe  how  you  did  effect  this  murder, 
.with  baseness  enough.  See  the  baseness  of  it; 
as  the  devil  was  the  father  of  lies,  so  he  was  a 
murderer  from  the  beginning ;  aud  you  first 
begun  your  murder  with  an  hellish,  studied, 
and  premeditated  lie,    Knowing  that  this  gen- 


tleman was  a  person  very  vigorous  in  the  exe- 
cution of  bis  place,  tliat  would  omit  no  oppor- 
tunity of  doing  his  office;  you  pretend  you 
have  occasion  for  him,  and  by  this  means  draw 
him  into  your  snare ;  where  what  you  do,  you 
do  cowardly  and  basely,  first  disarm  him,  then 
fall  upon  him,  and  murder  him  ;  as  the  pro- 
phet David  saith  of  the  ungodly  man,  '  first 
gets  the  righteous  man  in  bis  net,  and  then 
ravisheth  him.' 

Had  boch  a  thing  as  this  been  acted  by  us  Pro- 
testants in  any  Popish  country  in  the  world,  I 
doubt  there  would  scarce  have  been  one  of  us 
left  alive.  They  would  not  have  takeu  this 
course  that  hath  been  taken  with  you,  to  admit 
us  to  a  fair  trial ;  no,  they  would  have  made 
their  own  hands  their  avengers  :  but,  God  be 
praised,  we  are  of  another  religion,  and  of  an- 
other persuasion.  We  leave  vengeance  to  God, 
and,  under  him,  to  tjie  magistrate  ( who 
beareih  not  the  sword  in  vain,'  as  you  now/ 
find. 

If  I  could  abstract  folly  from  wickedness, 
certainly  it  was  one  of  the  greatest  pieces  of 
folly  and  sottishness  iu  the  world  ;  tor  what 
could  be  your  end  in  it  ?  did  you  think  that  all 
the  magistrates  in  Eogland  were  lodged  in  a\r 
£.  Godfrey?  that,  if  he  were  taken  out  of  the 
way,  there  were  not  men  of  spirit  and  cou- 
rage, as  faithful  and  diligent  as  he  was  t 
trouble  not  yourselves,  nor  let  those  of  your 
persuasion  trouble  themselves,  there  are  a  nu- 
merous company  of  magistrates  in  this  king- 
dom, that  will  do  the  same  thing,  aud  act  in 
it,  and  execute  their  offices  with  the  same 
courage. 

And  as  to  the  manner  of  the  murder :  •  whom 
have  you  destroyed  ?  a  magistrate.    For  what  r 
for  the  execution  of  his  office.    One  that  was 
a  conservator  of  the  peace ;  and  whose  study 
it  was  to  preserve  you  in  peace,  on  him  you 
have  violated   the  peace,   and    nothing  less 
would  satisfy  you  than  his  precious  life ;  an  af- 
front to  the  law,  to  the  magistrate,  to  the  king* 
to  the  nation ;  yea,  to  God  himself,  upon  whom 
an  higher  affront  could  hardly  have  been  just* 
For  the  magistrate  is  God's  ordinance ;  God 
bath  set  him  up  to  avenge  himself  upon  the 
wicked,  and  to  reward  the  good ;    '  and    be 
dotb  not  bear,'  as .  it  is  a  sign  by  you  be  bath 
not  born,  '  the  sword  in  vain.' 

I  might  say  much  more  concerning  the  bet* 
nousuess  of  this  offence  ;  but  had  I  the  tongue 
of  men  and  angels,  I  could  not  say  enough  to 
set  out  the  horror  of  it.    And  now  let  me  tell 
you,  I  do  not  speak  this  to  insult  and  domineer 
over  you  ;  I  praise  God  I  am  of  another  spirit  • 
he  knows  I  have  another  end  in  what  1  sa y% 
and  my  end  is  merely  this,  to  persuade  you 
from  the  foulness  of  your  fact,  to  make   a  good 
use  of  it ;  that  the  horridness  of  your  sin  may 
make  the  greater  and  deeper  impressions  on 
your  spirits ;  and  so  make  your  repentances 
more  severe  and  efficacious,   Had  you  as  many 
years  to  live  as  you  have  hours,  it  wore  Utile 
enough  to  bewail  this  horrid  offence.     Hut  on 
the  other  side,  as  that  will  be  little  enough, 


225]    STATE  TRIALS,  3 1  Charles  II.  1 679--/or  the  Murder  of  Sir  E.  Godfrey.  [23fr 


yet  let  me  give  you  this  comfort,  you  have  time 
enough,  if  you  make  a  good  use  of  it,  to  make 
jour  peace  with  God. 

Pray  let  me  dehort  you  from  one  thing ;  and 
that  is  this,  do  not  be  of  the  opinion  of  those 
wicked  miscreants  the  Jesuits,  that  have  put 
y*a  upon   this  matter;   for  I  have  so  much 
charity  for  you  as  to  believe  they  made  it  a 
matter  of  religion  to  you,  and  justifiable  upon 
that  account.     Do  not  think  so,  for  the  law  of 
God  is  indispensible,  and  no  power  under  hea- 
ven can  license  to  murder.    So    that  though 
the  offence  in  them  is  abominable,  yet  in  you 
it  is  an  offence  too,  and  an  horrid  one.     And 
when  you   have  considered  it  as  such,  I-  then 
desire  you  to  take  a  right  course  to  make  your 
peace  with  God :  for  you  must  pass  under  an* 
other  judgment   than  that  of  man,   and  that 
shortly  ;  you  must  stand  before  the  Judge  of 
heaven  and  earth.     And  therefore,  if  by  this 
means  yon  can  prevent  that  future  judgment, 
you  will  have  just  cause  to  thank  God  that  you 
had  your  punishment  here  on  earth.     There- 
fore let  roe  :  id  vise  you  to  spend  every  minute 
you  have  left,  in  a  free  acknowledgment  of  all 
yovafleoces:  for  certainly  some  s>in  went  be* 
/a*,  or  this  had  never  come  after.  .One  sin 
Sop  another,  and  makes  way  for  the  commis- 
siofl  of  another. 

And  what  must  you  rely  upon  ?  not  upon 
aay  trash  or  trumpery,  not  upon  any  merit  of 
your  own  ;  there  is  but  one  Saviour  and  Me- 
diator, the  Lord  Jesus'  Christ.  And  I  would 
advneyou,  in  the  words  of  that  great  Cardinal, 
one  that  was  one  of  the  greatest  men  of  your 
religion,  Bellarmine  I  mean,  who  having  made 
a  scrutiny,  which  was  the  safest  way  for  secur- 
ing heaven,  made  the  conclusion  thus :  '  To 
trust  only  upon  the  Lord  Jesus  Christ  for  life 
and  salvation  ;:  which  I  advise  you  to  do. 

I  have  now. done  what  I  intended  to  say  to 
you;  and  what  I  have  said,  I  spoke  to  deliver 
my  own  soul,  and  upon  no  other  account.  I 
now  pronounce  the  .judgment  which  the  law 
hath  appointed  to'  pass  upon  such  malefactors ; 
and  that  is  this  : 

44  That  you  go  from  hence  to  the  place  from 
'whence  you  came,  and  from  thence  to  the 
place  of  execution,  where  you  shall  be  seve- 
rally hanged  by  the  neck,  till  you  are  severally 
dead ;  and  the  Lord  have  mercy  upon  your 
souls." 

Hill.     I  humbly  beg  one  favour,  that  I  may 
have  the  privilege  to  see  my  wife  and  children, 
aod  toy  brother,  before  I  die,  sometimes, 
L.  C.  J.  God  forbid  else. 
HUl.  Any  day,  I  hope,  my  lord? 
L.  C.  J.  Captain  Richardson,  let  thern  have 
the  liberty  of  seeing  their  friends,  but  do  it 
with  care  and  caution. 

Just.  Wild.  t\xid  1  wifi  say  this  more  to  you, 
if  you  will  have  any  religious  Proicstant  di- 
vines to  come  to  you,  they  shall  be  sent  to  you, 
hot  none  of  your  priests. 
Hill,  I  desire  only  my  relations. 
Just.  Wild.  You  shall  have  them,  and  we 
offer  you  the  others. 

VOL.  VII. 


Green.  I  have  no  relations  that  are  catho- 
lics, but  two,  and  they  are  not  priests.  God 
bless  the  king :  and  I  desire  all  good  people  to 
pray  for  us. 

L.  C.  J.  Mr.  Astry,  let  the  rule  be  entreti 
for  their  execution  on  Monday  next. 

Cl.  if  the  CV.  Captain  Richardson,  yott 
shall  have  the  rule  for  their  execution  on  Mon- 
day next. 

Then  the  keeper  carried  away  the  prisoners 
to  the  gaol,  trf  be  reserved  till  their  execution* 

On  Friday  the  21st  of  February,  the  pri- 
soners, Robert  Green,  Henry  Berry,  and  Law- 
rence Hill,  were  executed  according  to  the 
sentence  pronounced  against  them  ;  tbey  all 
persisted  to  the  last  in  denying  the  fact  foe 
which  they  suffered. 


An  Account  of,  together  with,  the  Writing 
itself,  that  was  found  in  the  pocket  of 
Lawrence  Hill,  at.  the  time  he  and 
Green  were  executed,  Friday,  the  21st  of 
February,  1678-9,  for  the  Murder  of  Sir 
Edmundbury  Godfrey,  knt. 

It  is  very  fit  the  world  should  have  some 
account  of  what  was  said  at  the  Execution  of 
these  meu,  and  how  they  came  to  say  what 
they  did.  Their  Confession  (as  it  is  called) 
was  a  denial  of  the  fact,  which  was  penned  and 
prepared  in  a  very  formal  mauner,  and  taken 
out  of  the  pocket  of  Hill,-who  had  neither  pen, 
ink,  nor  paper,  all  the  while  he  was  in  -New- 
gate ;  yetf  after  he  was  dead,  captain  Richard- 
son, the  master  of  Newgate,  saw  the  execu- 
tioner take  it  out  of  his  pocket ;  which  is  ver- 
batim, as  follows : 

"  I  now  come  to  the  fatal  place  where  I  must 
end  my  life,  and  I  hope  with  that  Courage  that 
may  become  my* innocence  :<  I  must  now  ap- 
pear before  the  Great  Judge,  who  knows  all 
tilings,  and  judges  rightly  ;  and  X  Jbope  it  will 
be  happy  for  me,  a  sinner,  that  I  am  thus 
ivrongfully  put  to  death.  I  call  God.  angels, 
and  men,  to  witness,  that  I  am  wholly  ignorant 
of  the  manner,  cause,  or  time  of  the  death  of 
justice  Godfrey.;  although,  on  that  account, 
by  the  malice  of  wicked  men,  brought  to  this 
shameful  death,  which,  I  hope,  will'  give  me  a 
speedy  passage  to  eternal  life :  In  this  hope  I 
die  chearfully  because  of  my  innocence,  and 
the  benefit  of  the  precious '  wounds  of  my 
blessed  Saviour,  by  whose  merits  I  hope  for 
salvation.  I  die  a  Roman  Catholic,  desiring 
all  such  to  pray  for  roe  :  Aud  I  beseech  God, 
iu  his  justice,  to  discover  this  horrid  m order, 
with  the  contrivers  thereof,  that  my  innocence 
may  appear.  And  though  from  my  heart  I  for- 
give my  accusers,  yet  I  cite  all  such  as  have 
had  a  hand  in  this  bloody  contrivance,  before 
the  great  tribunal  of  God's  justice,  to  answer 
for  the  wrong  they  have  done  the  innocent ; 
and  particularly  the  Lord  Chief  Justice,  and 
the  brothers  of  sir  Edmundbury  Godfrey,  wfth 
jury,  witnesses,  and  all  their  partaker^.  O 
Lord,  bless  and  preserve  his  majesty, .Ad  be 


237]  STATE  TRIALS,  31  Charles  II.  1 679— Trial  qf  Green,  Berry,  and  Hill,  [228 


merciful  to  this  poor  nation,  and  lay  no  inno- 
cent blood  to  its  charge.  So  I  bid  you  all 
farewell  in  Jesus  Christ,  into  vthose  hands  I 
commend  my  spirit.1* 

Then  turning  to  some  of  the  officers,  he  said : 
There  is  a  report  up  and  down,  that  I -have 
confessed  the  murder  of  sir  Edmund  bury  God- 
frey to  Dr.  Lloyd ;  I  do  deny  it. 

This  Paper  was  shewn  to  Hill's  wife ;  and 
she  being  demanded  whether  it  was  her  hus- 
band's hand-writing,  affirmed  it  was  not :  And 
being  further  asked,  whether  the  conveyed  it 
to  him,  she  prq  tested  she  knew  not  how  he 
came  by  it ;  and  declared  that  she  never  saw  it 
before.    - 

Then  Mr.  Green  said  ; 

*  I  desire  all  your  prayers:  And  as  for  sir 
Edmund  bury  Godfrey,  I  know  not  whether  he 
be  dead  or  alive  ;  for  in  my  days  I  never  saw 
him  with  my  eyes,  as  I  know  of;  and  if  false 

feople  will  swear  against  me,  I  cannot  help  it. 
pray  God  to  bless  my  king,  and  all  good 
people." 

Then  captain  Richardson  told  him,  he  had  a 
fair  trial,  and  wished  him  not  to  reflect  on 
others,  but  to  prepare  himself  for  death  :  To 
which  Mr.  Green  replied,  I -pray  God  Almighty 
to  forgive  them  all :  I  never  saw  sir  Edmund- 
bury  Godfrey,  to  nry  knowledge  in  my  life. 

Mr.  Berry  being  a  protestant  of  the  church 
of  England,  was  reprieved  till  the  28th  of  the 
tame  month,  in  hopes  he  would  make  some 
discoveries.  Nevertheless,  when  he  came  to 
the  gallows,  he  absolutely  denied  all  knowledge 
or  concurrence  in  the  fact  for  which  be  died ; 
as  will  be  seen  by  the  following  Account  of  his 
Behaviour. 


A  Relation  of  Mr.  BeriCy's  Behaviour  and 
Discourse,  from  seven  o'clock  in  the 
Morning,  untill  he  was  executed. .  Writ- 
ten so  soon  as  I  got  Home*9  George 
Wilson. 

AYiiEir  I  came  to  him  in  Newgate,  I  found 
him  upon  his  knees,  at  his  prayers,  with  Dr, 
Patrick's  Devotions  in  his  hands.  He  toU|  me 
he  was  glad  I  was  come,  and  desired  my  as- 
sistance in  prayer.  After  I  had  for  some 
while  prayed  with  him,  which  he  did  very  fer- 
vently, I  believe,  for  almost  all  the  time  he 
wept ;  we  then  rose  up  both  together,  and  had 
some  little  discourse.  I  told  him,  that  as  the 
law  had  condemned  him,  so  I  could  not  but 
conclude  him  guilty;  and  therefore  did  as- 
sure him,  that  there. Was  a  strict  tribunal  after 
this  life,  before  which  we  must  all  appear;  and 
in  particular  for  him,  that  there  were  but  two 
or  three  hours  before  he  must  suffer  death,  and 
come  to  judgment ;  and  therefore  I  did  desire 
him,  that  he  would  reveal  to  me  what  he  knew 

VFrom .  a  MS.  in  the  library  belonging  to 
the  *  church  of  St.  Martin's  in  the  Fields. 


of  the  murder  of  sir  Edroundbury  Godfrey, 
that  God's  justice  might  be  glorified  in  his 
death  ;  and  that  he  would  not  go  out  of  the 
world  in  his  sin,  un repented  of;  which  it  must 
be,  if  he  did  not  abhor  it,  and  confess  it.  He 
answered  me,  He  knew  not  any  thing  of  the 
fact  for  which  he  was  condemned  :  This  was> 
spoke  with  some  asseveration.  I  hearing  him 
give  this  answer,  asked  him,  what  were  the 
particular  things  that  were  witnessed  against 
him,  for  which  he  was  condemned  ?  As  I  did 
conjecture  then,  I  thought  be  seemed  to  be  un- 
willing to*  speak  of  this  matter  ;  nor  did  his 
words  seem  to  come  freely  from  him  :  But  he 
told  me,  that  Mr.  Praunce*  had  accused  hita 

1  ■  ■  ■ ■        ■  ■  t  ■        ■ 

*  An  Account  of  the  proceeding  to  sentence 
against  Miles  Praunce,  for  wilful  Per- 
jury |  who  was  sentenced  in  the  court  of 
King's-Bencb,  Westminster,  upon  a  convic- 
tion by  his  own  confession,  on  the  15th  of 
June,  1686,  in  wilfully  forswearing  himself  at 
the  trials  of  Robert  Green,  Lawrence  Hilly 
and  Henry  Berry,  &c.  in  relation  to  the  mur- 
der of  sir  Edroundbury  Godfrey. 
Miles  Praunce,  a  silversmith,  having  been, 
the  last  Easter  Term,  arraigned   upon  an  in- 
formation of  wilful  perjury,  exhibited  against 
him  in  the  court  of  king's  Bench,  for  wilfully 
forswearing    himself  against    Robert   Green, 
Lawrence  Hill,  and  Henry  Berry,  ore.  in  rela- 
tion to  their  murdering  sir  Edmundbury  GoeV 
frey ;  and  for  which,  upon  his  oath,  &c.  they 
were  executed  for  the  said  murder  at  Tyburn  ; 
and  he  confessing  himself  guilty  of  the  perjury 
specified  in  the  same  information,  was,  on  Tues- 
day, the  15th  of  this  instant  June,  again  brought 
to  the  court  of  King's  Bench,  to  receive  his  sen- 
tence. The  Court  having  a  while  considered  the* 
heinousness  of  the  crime,  and  putting  him  k» 
mind  of  it,  told  him,  It    was   well  he  was  so 
sensible  of  his   offence,    it   being  so  great  a 
one,  as  to  extend  to  the  taking  away  the  lives 
of  innocent  persons,  which  did  aggravate  it  ; 
though  one  that  had  before  him   been  found 
guilty  of  two  notorious  perjuries  in  that  court,, 
continued  obstinate  to  the  fast ;  and,  for  aught 
appears,  has  not  hitherto  shewn  any  remorse. 
Yet  seeing  he  (meaning  the  prisoner)  was  sen- 
sible of  his  crime,    and    had  confessed  it,  the 
Court  had  considered  his  condition,  and  would 
have  some  compassion  on    a   true    penitent. 
The   sentence  of  the  Court  was,   "  That    be 
should  pay  a  fine  of  100/.  to  the  king :  That  he 
should    appear  before    each    court  in  West* 
minster-Hall,  &c.  with  a  paper  upon  his  fore* 
head,  expressing  his  crime  :  That  on  Monday 
next  he  should  stand  at  Westminster  in  the 
pillory,  between  the  hours  of  11  and  1,  for  the 
space  of  an  hour ;  on  Wednesday  the  like,  be* 
fore    the    Exchange ;  and    on    the    folio  wring 
Monday,  at  Charing  Cross  :  And  he  was  like- 
wise sentenced  to  be  whipped  from  Newgau 
to  Tyburn  1  and  be  to  continue  in  prison  unti 
all.w^s  performed." 

ftraunce,  upon  the  aforementioned  exhorts* 
tion,  declared,  /tifrt  his  last  confession  was  tbi 


£29]   STATE  TRIALS,  3 1  Charles  II.   1679.-: fa  the  Murder  tf  Sir  E.  Godfrey.   [230 


for  the  assisting  in  carrying  sir  Edmundbury 
Godfrey,  after  be  was  murdered,  into  a  room 
in  Sotoeraet- house;  He  said,  He  could  not  say 
lie  bad  never  been  in  the  room  Mr.  Praunce 

Xke  of,  fox  he  believed,  one  time  or  other, 
t  he  bad  been  in  all  the  rooms  of  the  honse ; 
bat  that,  to  the  best  of  his  remembrance,  he 
had  never  carried,  in  all  his  life,  a  two- penny 
weigbt  into  that  room ;  but  did  acknowledge 
God*sjusiice  in  his  death,  for  changing  his  re- 
ligion lor  interest  sake.  Hearing  him  thus  po- 
sitively to  deny  the  fact,  considering  Dr.  Lloyd 
bad  been  with  him  two  or  three  days  before,  I 
did  aot  farther  press  him,  because  I  came  to 
bun  only  for  to  assist  him  in  prayer :  And 
therefore,  after  this  little  discourse,  we  went  to 
prayers  again,  and  before  we  had  done,  the 
Ordinary  of  Newgate  came  in,  to  whom  I 
gave  place. 

Ha  began  to  tell    Mr.  Berry,    that  he  had 
found  him  of  a  more  ingenuous  temper  than 
the  rest  were  ;  and   wondered  who  had  been 
tampering  with  him,  ,to  make  him  persist  in  the 
denial  of  the  murder,  which  if  he  would  have 
confessed,  there  was  once  hopes  of  a  pardon ; 
bat  if  be  woald  at  last  confess  it,  he  would  en- 
deavour what  he  could  to  have  hi  in  saved :  And 
told  him  also,  that  it  was    no  argument,  that 
others  bad   foolishly  thrown  away  their  lives, 
-  chat  therefore  be  must  do  so  too :  therefore,  says 
Mr.  Ordinary,  come  tell  me  « hat  is  truth.  Mr. 
Berry  answered,  Yon  have  been  very  pressing 
upon  me  ;  I  cannot  tell  what  you  mean  (and 
shewed  his  averse  ness  again  to  speak  of  the 
murder.)     I  mean,    says  Mr.  Ordinary,  that 
thou  wouldst  teU  me  what  is  truth ;  and  prithee 
come  tell  me  what  is' truth  ?    Truth,  says  Berry, 
is  not  to  tell  a  lye ;  not  to  speak  that  a  man 
does  not  know  ;  and  this  is  truth.     Well,  days 
Mr.  Ordinary,  come  tell  me  what  thou  knowest 
of  the.  murder,   and    do    not  damn    thyself. 
Says  Mr.  Berry,  But  I  think  you  would  have 
sne,  by  your  thus  pressing  of  me ;  for  I  did 
not  know  any   thing  of  it,  for  a  fortnight  after 

troth  ;  and  that  he  was  very  sensible  of,  and 
sorry  for  what  he  had  done  ;  upon  which  the 
Court  desired  God  to  continue  him  so. 

The  Sentence  passed,  the  keeper  of  the 
Gatehouse  was  ordered  to  take  back  his  pri- 
soner, which  he  accordingly  did,  conveying 
km  to  the  Gatehouse  prison,  where  he  now 
<fwt  15,  1686),  remains  in  custody. 


it  was  done,  Mr.  Ordinary  then  told  him,  be 
would  deceive  himself  if  he  thought  that  any 
absolution,  or  any  indulgence,  of  either  priest 
or  pope,  could  save  him,  without  true  re- 
pentance.' He  said,  he  did  not  believe  any 
such  thing.  Mr.  Ordinary  perceiving  that  this 
discourse  did  but  disorder  him,  and  bad  put 
him  out  of  that  composure  and  calmness  he 
was  in  before,  gave  it  over,  and  went  to  prayers, 
till  the  sheriff  sent  to  him,  to  come  away  to 
execution.  When  we  were  coming  out  of  his 
prison-chamber,  Mr.  Ordinary  asked  i:im,  if  be 
should  go  along  with  him  to  his  execution  : 
Mr.  Berry  begged  heartily  that  he  would  not, 
but  desired  ine  to  go  along  with  him:  Mr. 
Ordinary  said,  It  was  his  place,  and  he  would 
so.  We  both  went,  and  got  into  the  cart  to 
him,  at  the  place  of  execution  s  When  he  had 
prayed  by  himself  a  good  while,  Mr.  Ordinary 
desired  him  to  confess  to  the  people  his  crime, 
which  was  seconded  by  others  that  stood  by, 
saying,  There  was  no  repentance  without  public 
confession.  Mr.  Berry  being  thus  pressed 
again,  he  declared  (otherwise  I  believe  he 
would  not  have  said  any  thing,  but  have  gone 
out  of  the  world  without  speaking  one  word  of 
his  innocency,  or  the  murder;  for  he  seemed 
to  be,  both  before  and  after,  when  pressed 
again  to  confess,  to  be  averse  to  it)  he  was  as 
innocent  as  the  child  that  is  new  born.  Pre- 
sently the  sheriff  stopped  him  from  saying  any 
thing  more,  and  told  him,  he  was  not  to  suffer 
bim  there  to  defame  an  honourable  court,  but 
if  be  had  any  other  thing  to  say,  he  might : 
He  answered,  he  did  not  blame  either  judge  or 
jury,  (and  bad  before  at  first  prayed,  as  for  the 
king  and  queen  and  church,  so  for  the  magis- 
trates, that  God  would  protect  them  in  their 
duty),  but  for  his  accusers,  he  must  say  they 
bad  done  him  wrong,  for  he  was  not  guilty  of 
that  for  which  he  suffered  ;  but  he  prayed  God 
to  forgive  them,  and  that  his  death  might  be 
the  last  innocent  blood  that  might  be  shed  in 
the  land ;  and  prayed  that  his  might  never  cry 
for  judgment.  After  which,  Mr.  Ordinary 
prayed  for  him,  which  was  very  uneasy  to  him, 
and  he  desired  him  not  to  do  it..  Then  he  de- 
sired me  to  pray  for  him;  after  which,!  did 
not  hear  him  say  any  thing,  but  left  bim  praying : 
And  when  the  cart  was  drawing  from  under 
him,  he  lifted  up  his  hands  towards  heaven,  and 
said,  "  As  I  am  innocent,  so  receive  my  soul, 
O  Lord  Jesus." 


231]  STATE  TRIALS,  31  Charles  II.  1670.— Trial  qf  Samuel  Atkins,         [232 


248.  The  Trial  of  Mr.  Samuel  Atkins,  at  the  King's-Bench,  for 
being  accessary  to  the  Murder  of  Sir  Edmundbury  Godfrey  : 
31  Carles  II.  a.d.  1679.      % 


UN  Saturday  the  8th  of  February,  1079,  Mr. 
Samuel  Atkins  was  brought  from  Newgate  to 
the  bar  of  the  Court  of  King's- Bench  at  West- 
minster, to  be  arraigned  as  accessary  to  the 
murder  of  sir  Edmundbury  Godfrey,  which  was 

,  done  in  this  manner : 

Clerk  qfthe  Crovm.  Samuel  Atkins,  hold  up 
thy  hand  (which  he  did).  Thou  standest  indicted 
by  the  name  of  Samuel  Atkins,  late  of  the  pa- 
rish of  St.  Mary  le  Strand,  in  the  county  of 
Middlesex,  gent,  for  that  whereas  on  the  mor- 
row of  the 'Purification  of  the  blessed  Virgin 
Mary,  before  our  sovereign  lord  the  king,  at 
Westminster,  by  the  oath  of  twelve  jurois,  good 
and  lawful  men  of  the  said  county,  tried,  sworn, 
and  charged  to  enquire  for  our  sovereign  lurid 
the  king,  and  ike  body  of  the  said  county,  Ro- 
bert Greeu,  late  of  the  parish  aforesaid,  in  ibe 
county  aforesaid,  labourer;  Henry  Beery,  late 
of- the  same  parish  and  county,  labourer;  Law- 
fence  Hill,  late  of  the  same  parish  and  cqunty, 

labourer ;  Girald,  late  of  the  same  parish 

and  county,  clerk ;  Dominick  Kelly,  late  of  the 
Mine  parish  and  county,  clerk;  and  Philibert 

-  Vernait,  late  of  the  same  parish  and  county,  la- 
bourer ;  are  indicted,  {or  that  they  not  having 
the  fear  of  God  before  their  eyes,  but  -being 
moved  and  seduced  by  the  instigation  of  the 
devil,  the  13th  day  of  October,  in  the  30th 

*  year  of  the  reigu  of  our  sovereign  lord 
Charles  2,  by  the  grace  of  God,  of  England, 
Scotland,  France,  an'd  Ireland,  king,  defender 
of  the  faith,  &c.  at  the  parish  of  St.  Mary  le 
Strand  aforesaid,  in  the  county  of  Middlesex 
aforesaid,  in  and  upon  sir  Edmundbury  Godfrey, 
int.  in  the  peace  of  God,  and  of  our  said  sove- 
reign lord  tbe  king,  then  and  there  being,  felo- 
niously, voluntarily,  and  of  their  malice  afore- 
thought,  did  make  an  assault;  and  that  he  the 
aforesaid  Robert  Green,  a  certain  linen  band- 
kerchief,  of  the  value  of  sixpence,  about  the 
seek  of  the  said  sir  Edmundbury  Godfrey,  then 
aad  there  feloniously,  voluntarily,  and  of  his 
malice  aforethought,  did  fold  and  fasten  ;  and 
that  he  the  said  Robert  Green,  with  the  hand- 
kerchief aforesaid,  by  him  the  said  Robert 
Green  on  and  about  the  neck  of  the  said  sir 
Edmundbury  Godfrey,  in  manner  and  form 
aforesaid  folded  and  fastened,  then  and  there 
him  the  said  sir  Edmundbury  Godfrey  did  choak 
and  strangle  ;  of  which  said  choak  ing  and 
strangling  of  him,  the  said  sir  Edmundbury  God- 
frey in  manner  and  form  aforesaid,  he  the  said 
sir  Edmundbury  Godfrey  then  and  .there  in- 
stantly died  ;    and  that  the  said  Henry  Berry, 

Lawrence  Hill, Girald,  Dominick  Kelly, 

and  Philibert  Vernatt,  then  '»nd  there  felonious- 
ly, voluntarily, and  of  their  malice  aforethought, 
were  present,  aiding,  abetting,  comforting,  and 
iruuutuiuiug  the  aforesaid  Robert  Green,  tbe 


aforesaid  sir  Edmundbury  Godfrey,  in  manner 
and  form  aforesaid,  feloniously,  voluntarily,  and 
of  bis  malice  aforethought,  to  kill  and  murder  ; 
aud  so  they  the  said  Robert  Green,  Heuiy  Berry, 
Lawrence  Hill,  — — -Girald,  Dominick  Kelly 
and  Philibert  Vernatt,  in  manner  and  form 
aforesaid,  the  aforesaid  sir  Edmundbury  God- 
frey, feloniously,  wilfully,  and  of  their  malice 
aforethought,  did  kill  and  muider,  against  the 
peace  of  our  sovereign  lord  the  king,  his  crown 
and  dignity.  And  that  thou  the  said  Samuel 
Atkins,  at  or  upon  the  said  12th  day  pf  Octo- 
ber, and  divers  days  aud  times  before,  the  said 
Robert  Green,  Henry  Berry,  Lawrence  Hill, 
'Gii  aid,  Dominick  Kelly,  and  Philibert  Ver- 
natt, the  lelouy  and  murder  aforesaid,  at  the  pa- 
rish aforesaid,  in  the  county  aforesaid,  to  com- 
mit feloniously,  «  ilfully,  and  of  thy  malice  afore- 
thought, didst  command,  counsel  and  qbet;  and 
kuowiug  the  said  Robert  Green,  Henry  Berry^ 
Lawrence  Hill,  ■■  Girald,  Dominick  Kelly, 
and  Philibert  Vernatt,  the  felony  and  murder 
aforesaid,  in  manner  and  form  aforesaid,  feloni- 
ously fo  have  done  and  committed,  at  or  upon  tbe 
said  12th  day  of  October,  and  divers  days  and 
times  after,  at  the  pariih  aforesaid,  in  the  county 
pfbtesiud,  feloniously  the  said  Robert  Green, 
Henry  Beiry,  Lawrence  Hill, Girald,  Do- 
minick Kelly,  and  Philibert  Vernatt,  didst  har- 
bour, comfoir,  and  maintain,  against  the, peace 
of  our  sovereign  lord  the  king,  his  crown  and 
dignity.  How  sr.yest  thou,  Samuel  Atkins,  art 
thou  Guilty  as  accessary  to  the  said  felony  and 
murder  whereof  thou  standest  indicted,  and  hast 
been  now  arraigned,  or  Not  Guilty  ? 

S.  Atkins.     Not  Guilty. 

CLoftheCr.  Culprit,  how  wilt  thou  be 
tried? — S.  Atkins.     By  God  and  my  country. 

CI.  of  the  Cr.  God  send  thee  a  good  deli- 
verance. 

S.  Atkins%  My  lord,  I  do  humbly  desire,  that 
tbe  several  e&amiuaiiuns  taken  concerning  this 
business,  may  at  my  trial  be  brought  into  the 
Court. 

L.  C.  J.  (Sir  William  Scropgs  )  This  is  to  be 
left  to  Mr.  Attorney  to  do  in  it  as  he  pleaseth  ; 
for  he  is  to  take  care  of  the  king's  evidence. 

S.  Atkins.  I  only  desire,  my  lord,  that  they 
may  be  brought  in.  Mr.  Recorder  had  some  of 
them  taken  before  him. 

Recorder  (Sir  George  Jefferies.)  To  satisfy 
this  gentleman,  my  lord,  whatever  examinations 
were  taken  before  me  shall  .be  brought. 

L.  C.  J.  Why,  Mr,  Atkins,  do  you  know  no- 
thing of  this  business,  that  you  are  so  willing  to 
have  all  the  evidence  brought  in  against  you  ? 

Atkins.  My  lord,  I  know  nothing  of  it  at  all, 

L,  C.  J.  Are  you  a  papist,  Mr.  Atkins  £ 

S.  Atkins,  No,  my  Lord,  I  am  not, 

X.  C.  J.  Were  you  never  one  i 


233]  STATE  TRIALS,  SI  Charles  II.  I679.— for  the  Murder  of Sir  E.  Godfrey,  [334 

law,  the  king's  Attorney  General,  or  this  inquest 
now  to  he  taken  of  Samuel  Atkins  the  prisoner 
at  the  har,  his  being  accessary  to  the  felony  ami 
murder  whereof  Robert  Green,  Henry  Berry, 
Lawrence  Hill,  and  others  stand  indicted,  and 
as  accessary  of  which  said  felony  and  murder 
the  said  Samuel  Atkim  stands  indicted,  and 
hath  been  arraigned,  let  them  come  forth,  and 
they  shall  be  heard,  for  now  the  prisoner  stands 
at  the  bar  upon  his  deliverance. 

Att.  Gen.  (Sir  William  Jones,)  My  Lord,  I 
must  inform  your  lordship,  that  there  is  another 
Indictment  against  Mr.  Atkins  as  principal, 
which  was  preferred  heretofore,  but  we  have 
since  thought  fit  to  prefer  another  as  accessary. 
Now  to  discharge  him  of  the  first,  I  desire  he 
may  be  arraigned  on  that  before  his  trial. 

CI.  of  the  Ci\  I  did  so  intend  to  do,  Mr.  At- 
torney. Samuel  Atkins,  hold  up  thy  hand, 
(which  he  did).  Thou  standest  indicted  by  the 
name  of  Samuel  Atkins,  late  of  the  parish  'of 
St.  Clements  Danes,  in  the  county  of  Middle- 
sex,  gentleman,  for  that  thou,   together  with 

V*  elch,  and T.e  Faire,  of  the  j>aid  parish 

sui.l  county,  gentlemen,  not  having  the  fear  of 
God  before  your  eyes,  but  bcine,  moved  and  se- 
duced by  the  instigation  of  the  devil,  the  twelfth 
day  of  October,  in  the  thirtieth  year  of  the  reign 
of  qur  sovereign  Lord  Charles  '2,  by  the  grace 
of  God  of  England,  Scotlab  J,  Fn.nce  and  Ireland 
Kin*.*,  defender  of  the  faith,  &c.  with  force  and 
arms  at  the  parish  aforesaid,  in  the  county 
aforesaid,  in  and  upon  sir  Edmundbury  Godfrey, . 
knight,  in  the  peace  of  God  and  of  our  said  so- 
vereign lord  the  king,  then  and  there  being  fe- 
loniously, wilfully,  miJ  of  your  malice  afore- 
tf.ougl.t,  did  make  an  assault,  and  that  th6u 
the  sard  Samuel  Atkins,  a  certain  linen  cravat, 
of  the  value  of  one  penny,  about  the  neck  of 
the  said  sir  E.  Godfrey  then  and  there  feloni- 
ously, wilfully  and  of  thy  malice  aforethought, 
didst  fold  and  fasten,  and  that  thou  the  said 
Samuel  Atkins  with  the  said  cravat,  so  by  thee 
the  saiu  Samuel  Aihin3  about  the  neck  of  the 
said  .sir  E.  Godfrey  fastened  and  folded  as  afore- 
said, then  and  there  the  s;iid  sir  E:  Godfrey,  fe- 
loniously, wilfully,  and  of  thy  malice  afore- 
thought, didst  choke  and  strangle;  of  which  said 
choking  and  strangling  of  the  said  sir  E.  God- 
frey by  thee  the  said  S.»muel  Atkins,  in  manner 
and  form  aforesaid  done  ami  committed,  the 
said  sir  E.  Godirey,  in  the  parish  aforesaid,  in 
the  county  cforcsai  I,  instantly  died,  and  that 
the  aforesaid Welch, Le  Faire,  fe- 
loniously, wilfully^  of  jheir  malice  aforethought, 
were  then  nnd.  there  present,  aiding,  assisting 
abetting,  comforting  and  maintaining  thee  the 
said  Samuel  Atkins,  the  felony  and  murder, 
aforesaid,  in  manner  and  form  aforesaid,  to  do 
and  commit.    And  that  so  thou  the  said  Samuel 


S.  Atkins,  No,  I  never  was  one,  nor  I  hope 
shall  be.  When  is  it  that  your  lordship 
pleasetb  to  have  me  tried,  for  I  have  lain  these 
sixteen  weeks  in  prison,  and  do  earnestly  desire 
my  trial.  t 

L.  C.  J-  You  shall  be  tried  as  soon  as  we  can 
when  Mr,  Attorney  thinketh  fit.  We  must  try 
the  others  pn  Monday,  and  if  there  be  time 
afterwards  /ou  may  be  tried  then  :  however, 
captain  Iticbardson  shall  have  a  rule  to  bring 
yoa  up  then. 

S.  Atkins*  I  humbly  thank  your  lordship. 

Then  be  was  carried  back  by  the  keeper,  and 
accordingly  on  Monday  folio*  ing  he  was  brought 
ap;  and  after  the  trials  of  Green,  Berry,  aud 
Hill,  were -over  he  was  sent  to  the  bar. 

February  10,  1679. 

L.  C.  J.  Mr,  Atkins,  have  you  any  bail  ready  ? 

S.  Atkins.  No,  my  Lord,  I  am  prepared  for 

nv  trial,  if  your  lordbhip  pleasetb,  but  not  with 

Wfl. 

L.  C.  J.  Ay,  bat,  Mr.  Atkins,  it  is  the  latter 
*od  of  the  term,  and  many  people's  livelihoods 
lie  at  stale.  We  cannot  lay  aside  all  businebs 
for  roan. 

S.  Atkins.  My  Lord,  my  life  lies  at  stake, 
led  J  have  been  under  severe  imprisonment  a 
long  lime.  I  humbly  pray  1  may  be 'tried  ;  be- 
sides, I  have  many  witnesses,  who  have  remain^ 
edin  town  on  purpose  to  give  evidence  for'me 
ever  since  the  last  term.  I  hope  my  tiial  will 
not  take  up  much  time. 

Justice  Dolben.  If  you  have  so  many  wit- 
Besses,  it  cannot  be  soon  over. 

5.  Atkins.  I  have  many  ready,  but  hope  I 
shall  have  occasion  to  use  only  a  few. 

L.  C.  J.  Mr.  Atkins,  we  cannot  do  it,  you 
most  be  content;  you  shall  be  tried  at  the  ses- 
sions.   Pray  bow  long  is  it  to  it  ? 

Recorder.  It  is  about  three  weeks  my  Lord. 

L.  C.  J.  That  indeed  Mill  be  too  lon^,  but 
in  the  mean  time  you  shall  be  bailed. 

S.  Atkins.  I  submit,  my  Lord ;  I  think  I 
have  bail  here.  [Mr.  Atkins  was  here  calling 
his  bail.] 

L.  C.  J,  Come  then,  nampthem. 

Captain  Lhyd.  My  Lord,  1  am  a  witness  on 
behalf  of  this  gent'.em  in,  and  cannot  possibly 
be  in  England  a  fortnight  hence. 

S.  Atkins.  My  Lord,  this  is  a  captain  of  one 
of  the  king's  ships,  und  his  occasions  will  indis- 
peosibly  call  him  away,  and  this  is  the  case  of 
lereral  others  of  my  witnesses. 

L.  C.  J.  Well,  I  do  not  know  ;  if  it  be  so, 
you  shall  be  tried  to-morrow  ;  and  so  bring  him 
up  very  early,  [Speaking  to  Captain  Richard - 
son.] 

And  so  Mr.  Atkins  went  from  the  bar,  and 
was  brought  up  thither  again  on  the  morrow  ; 
being  Tuesday,  wheu  bis  trial  proceeded  thus : 

February  11,  1679. 

CI.  of  the  Cr.  Crier,  make  proclamation. 
Crter.  O  Yes  I  Ii"  any  one  can  inform  gur 
Wfereign  lord  the  king,  the  king'*  serjeaut  at 


Welch  and 


Atkins,  with  the  aforesaid  — 
Le  Faire,  the  said  twelfth  day  of  October 
at  the  parish  aforesaid,  in  the  count v  aforesaid, 
the  said  sir  E.  Godfrey,  feloniously,  wilfully, 
and  of  your  malice  aforethought,  did  kill  and 
muider,  against  the  peace  of  our  sovereign  lord 
the  king,  his  crown  aud  dignity.    How  ssyett 


135]  STATE  TRIALS,  3 1  Charles  II.  1679— Trial  qf  Samuel  Atkw,         [236 


found  him  guilty  ;  if  Jou  find  him  not  guilty, 
nor  that  he  did  fly  for  it,  say  so  and  do  more. 
and  hear  your  evidence. 

Att.  Gen.  My  lord,  I  am  informed  by  Mr. 
Ward  of  the  Crown-office,  the  prosecutor's 
clerk,  that  they  have  not  sued  forth  a  venire 
facias  upon  this  indictment  as  principal;  and 
therefore  the  jury  cannot  inquire  of  that  at  all, 
but  must  be  discharged  of  it.  Our  writ  is  only 
fur  the  Indictment  for  being  accessary. 

CI.  of  Cr.  If  you  make  the  writ  *  de  quibus- 
1  dam  feloniis  et  accessaries/  and  seal  it  a-new 
(which  may  be  done  presently,  the  seal  being 
it  the  hall),  it  will  do -for  both. 

L.  C.  J.  Do  so,  then  Mr.  Ward,  that  both 
may  be  dispatched.  [Which  was  done  accord- 
ingly.] 

CL  of  Cr.  Samuel  Atkins,  hold  up  thy  hand 
again  (which  he  did).     You  of  the  jury,  look 
upon  the  prisoner,  and  hearken  to  bis  cause. 
You  shall  further  understand,  that  he  stands 
indicted  by  the  name  of  Samuel  Atkins,  late 
of  the  parish  of  St.  Mary  le  Strand,  &c.  (proof 
in  the  first  indictment  mutatis  mutandis)  against 
the  peace  of  our  sovereign,  lord  the  king,  his 
crow  and  dignity.     Upon  this  indictment  he 
bath  been  arraigued,  and  thereupon  pleaded 
Not  Guilty,  and  for  his  trial  hath  put  himself 
upon  God  and  his  country,  which  country  you 
are.    Your  charge  is  to  inquire  whether  he  be 
guilty  of  this  felony  as  accessary  to  the  said 
Robert  Green,  &c.  or  not  guilty.    If  you  find 
him  guilty,  &c.  (sicut  antea.)  Crier  make  pro- 
clamation. 

Crier.  O  yes !  If  any  man  will  give  evidence 
on  behalf  of  our  sovereign  lord  the  king  against 
Samuel  Atkins,  the  prisoner  at  the  bar,  let 
them  come  forth,  and  they  shall  be  heard,  for 
tbe  prisoner  stands  at  the  bar  upon  his  deli- 
verance ;  and  all  others  that  are  bound  by  re- 
cognizance to  give  evidence  against  the  prisoner 
at  the  bar,  let   them   come  forth  and  give 
their  evidence,  or  else  they  forfeit  their  recog- 
nizance. 

Serjeant  Stringer.  May  it  please  your  lord- 
ship, and  you  gentlemen  of  the  jury,  Samuel 
Atkins  the  prisoner  at  the  bar  stands  indicted 
here  of  two  facts  by  two  indictments ;  tbe  one 
as  principal  in  this  murder,  the  other  as  acces- 
sary. The  first  of*  which  we  shall  lay  aside, 
and  of  his  being  the  murderer  give  no  evidence; 
and  so,  gentlemen,  you  must  find  him  not  guil- 
ty of  that.     But  as  to  the  indictment  as 


thou,  Samuel  Atkins,  art  thou  guilty  of  the  fe- 
lony and  murder  whereof  thou  standest  indicted 
and  hast  been  now  arraigned,  or,  not  Guilty  ? 

S.  Atkins.  Not  Guilty. 

CL  of  Cr.  Culprit,  how  wilt  thou  be  tried  ? 

S.  Atkins.   By  God  and  my  country. 

CL  o/Cr.  God  send  thee  a  good  deliver- 
ance. Samuel  Atkins,  hold  up  thy  band 
(which  he  did).  Those  menthat  you  shall  bear 
called  and  shall  personally  appear,  are  to  pass 
between  our  sovereign  lord  the  king,  and  you, 
upon  the  trial  of  your  life  and  your  death.  If 
therefore  you  will  challenge  them,  or  any  of 
them,  your  time  is  to  speak  unto  them  as  they 
come  to  i he  book  to  be  sworn,  and  before  they 
be  sworn.  Call  the  jury,  Crier,  and  make  an 
O  yes. 

Crier.  O  yes !  You  good  men  that  are  im- 
pannelled  to  inquire  between  our  sovereign 
ford  the  king  and  Samuel  Atkins  the  prisoner 
at  the  bar,  answer  to  your  names. 

CL  qf  Cr.  Sir  John  Cutler. 

Crier.  Vous  avcz.  Sir  John  Cutler,  look  upon 
the  prisoner.  You  shall  well  and  truly  try,  and 
true  deliverance  make  between  our  sovereign 
lord  the  king  and  the  prisoner  at  tbe  bar,  whom 
you  shall  have  in  your  charge,  and  a  true  ver- 
dict give  according  to  your  evidence.  So  help 
you  God.  And  so  the  rest  were  sworn.  Tbe 
names  of  the  twelve  were  these :  Sir  John  Cut- 
ler, Michael  Arnold,  James  Partridge,  Thomas 
Cassee,  Thomas  Gostwick,  John  Wells,  Am- 
brose Arnold,  Rainsford  Waterhoase,  John 
Searle,  Richard  Pagert,  William  Waite,  Ar- 
thur Blyth. 

CLofCr.  Crier,  count  these.  Sir  John 
Cutler. 

Crier.  One,  &c. 

CL  ofCr.  Arthur  Blyth. 

Crier.  Twelve  good  men  and  true,  stand  to- 
gether and  hear  your  evidence ;  you  that  are 
sworn  hearken  to  tbe  record,  you  that  are  uot 
sworn  stand  down. 

CL  o/Cr.  Samuel  Atkins,  hold  up  thy  hand 
(which  be  did).  You  that  are  sworn,  look 
upon  the  prisoner,  and  hearken  to  bis  caase. 
You  shall  understand  that  he  stands  indicted 
by  the  name  of  Samuel  Atkins,  late  of  the 

Sarish  of  St.  Clement  Dane  in  the  county  of 
fiddlesex,  gentleman ;  for  that   he,  together 

*vitb Welsh, Le  Faire,  &c.  (prout  in 

She  second  indictment  mutatis  mutandis)  against 
the  peace  of  our  sovereign  lord  the  king,  his 
crown  and  dignity.  Upon  this  Indictment  he 
hath  been  arraigned,  and  thereunto  hath  plead- 
ed Not  Guilty,  and  foi*his  trial  doth  put  him- 
self upon  pod  and  the  country,  which  country 
you  are.  Your  charge  is  to  enquire  whether  he 
be  guilty  of  this  felony  and  murder  whereof  he 
stands  indicted,  or  not  guilty.  If  you  find  him 
guilty,  you  are  to  inquire  what  goods  and  chat- 
tels, lands  or  tenements  he  had  at  the  time  of 
the  felony  and  murder  committed,  or  at  any 
time  since.  I£  you  find  him  not  guilty,  you 
are  to  inquire  whether  he  did  fly  for  the  same  ; 
and  if  you  find  that  be  fled  for  it,  you  are  to 
inquire  of  his  goods  and  chattels,  as  if  you  had  I  privy,  knowing,  consulting,  and  abetting  to  xh 


sary,  that  sets  forth,  that  whereas  Robert 
Green,  Henry  Berry,  Lawrence  Hill,  and 
other*,  on  the  12th  of  October  last,  at  the  pa- 
rish of  St.  Mary  le  Strand,  in  your  county,  did 
make  an  assault  on  the  person  of  sir  Edmund- 
bury  Godfrey,  and  that  Robert  Green  die 
throw  about  -the  neck  of  sir  Edmund  bury  a 
linen  handkerchief,  and  Uvisted  and  folded  i 
about  his  neck,  by  which  twisting  and  foldinj 
the  said  Green  aid  strangle  the  said  sir  Ed 
inundbury,  of  which  strangling  he  instantl 
died :  and  we  say,  gentlemen,  that  the  prj 
soner  at   the  bar  is  indicted  as  one  that 


237]  STATE  TRIALS,  31  Charles  II.  1679.— /or  the  Murder  of  Sir  R  Godfrey.  [238 


commission  of  this  murder,  and  that  after  the 
murder  committed  (for  the  acts  are  connected) 
he  did  receive,  harbour,  comfort,  and  maintain 
the  murderers.  To  this  he  hath  pleaded  Not 
Guilty.  If  we  prove  him  guilt j,  we  doubt  not 
yoo  will  find  bhn  so. 

Alt.  Gen.  May  it  please  your  lordship,  and 
you  gentlemen  of  this  jury,  Mr.  Atkins  the 
prisoner  is  indicted  upon  two  indictments  ;  the 
one  is  for  being  a  principal  in  this  murder, 
bat  upon  that  we  can  give  no  evidence,  for  that 
was  preferred  before  we  had  that  full  and  plain 
evidence,  which  now  we  have  of  this  fact  by 
the  testimony  of  Mr.  Praunce.  And  I  must 
sly  thus  much  to  Mr.  Atkins,  that  he  hath 
caose  to  bless  God,  that  ever  Mr.  Praunce 
xaade  this  discovery;  for  I  assure  you,  without 
that,there  are  those  circumstances,  probabilities, 
and  presumptions,  that  he  might  have  gone  in 
great  danger  of  being  accounted  a  principal  in 
the  murder.  But  now,  my  lord,  that  matter 
being  fully  and  plainly  discovered  by  Mr. 
brattice's  \estimony,  that  no  man  may  bear  a 
greater  burden  than  be  deserves,  we  acquit  him 

as  to  that  indictment,  and  now  charge  him  only 
as  accessary.  And  in  that  you  will  find  the 
evxfeoce  to  be  such,  as  might  give  us  just  cause 
to  prefer  the  first  indictment. 

For,  my  lord,  we  shall  make  it  out,  that  Mr. 
Samuel  Atkins  did  come  to  a  gentleman  of  his 
own  sirname,  one  Mr.  Charles  Atkins  (who  I 
think  was'  of  kin  to  him,  but  whether  he  was, 
or  not,  is  not  material),  and  to  him  he  did 
complain  of  the  proceedings  of  sir  £.  Godfrey, 
that  he  was  a  man  too  active,  and  that  he  was 
in  no  sort  to  be  permitted  to  live ;  for  if  he 
were,  he  would  be  very  prejudicial  to  some  he 
was  concerned  for.  And  at  the  same  time  he 
did  inquire  after  some  bold  man,  I  think  one 
Child  particularly,  who  had  been  with  that 
Charles  Atkins  aboard  the  fleet,  whether  he 
lad  behaved  himself  stoutly  there;  and  finding 
him  to  be  a  resolute  person,  he  desired  Mr. 
Charles  Atkins  to  send  for  him,  and  send  him 
to  him,  and  be  would  employ  him ;  and  after- 
wards  Child  owned  to  Mr.  Atkins,  that  he  had 
been  there. 

L.  €.  J.  To  which  Mr.  Atkins  ?  To  the  pri- 
soner? 

Alt.  Gen.  To  Mr.  Charles  Atkins,  who  is 
the  witness,  Samuel  Atkins  is  the  prisoner.  It 
was  Samuel  that  complained  to  Charles  of  sir 
E.  Godfrey ;  inquiring  after  the  courage  and 
lesoUiuon  of  Child,  and  ordered  Charles  to 
tend  htm  thither :  and  afterwards  Child,  as  he 
Said,  went  thither;  and  when  he  came  back 
he  did  discourse  with  Charles  Atkin9,  desiring 
aim  to  join  with  them  in  the  killing  of  a  man, 
and  did  propose  a  great  reward  to  him  so 
to  do. 

This,  my  lord,  was  the  discourse  precedent 
to  the  fact.  But  now  to  shew  to  your  lordship 
tad  the  jury,  that  as  the  prisoner  Samuel  At- 
kins and  he  did  design,  the  thing  should  be 
done,  so  he  did  pursue  that  design,  and  beana 
part  in  it.  and  was  privy  to  it,  and  knew  of  it ; 
*e  shall  prove,  that  Mr.  Bedlow,  when  he  saw 


the  body  after  it  was  murdered,  which  hap- 
pened, as  was  proved  to  you  yesterday,  on  the 
19th  of  October  last,  found  it  removed  from 
the  place  where  by  the  testimony  of  Mr. 
Praunce  he  was  first  carried,  into  another 
room,  and  there  by  the  help  of  a  dark  lanthorn 
several  people  then  in  the  room  saw  him  : 
Amongst  whom,  I  say,  Mr.  Bedlow  was  one; 
and  Mr.  Praunce  speaks  to  the  same  matter, 
and  this  was  on  the  Monday  night  following. 
And  I  think  we  have  a  sufficient  proof  that  Mr. 
Samuel  Atkins  was  one  in  the  room,  that  did 
see  the  body,  and  was  consulting  with  them 
how  to  dispose  of  it :  For  we  have  this  proof 
against  him.  Bedlow  .finding  a  young  man 
there,  whom  he  did  not  know,  he  went  up  to 
him,  desiring  to  know  his  name ;  he  tells  him 
who  he  was,  one  Atkins,  and  describes  him- 
self by  a  particular  circumstance  to  whom  he 
had  relation,  and  Mr.  Bedlow  will  tell  you  so 
much,  that  though  the  light  was  not  very  great, 
yet  it  was  enough  to  let  him  see  the  faces  of 
those  he  took  notice  of,  and  that  this  prisoner 
was  there.  And  if  this  be  true,  it  will  have  the 
effect  of  proving  him  guilty  as  accessary,  either 
before  or  after  the  fact. 

This  will  be  the  course  of  our  evidence,  our 
witnesses  are  not  many,  and  therefore  our 
proof  will  not  belong.  We  shall  now  call  them, 
and  when  they  have  done,  submit  it  to  your 
lordship  and  the  jury;  and  first  we  call  Mr. 
Charles  Atkins, 

Crier.  Mr.  Charles  Atkins,  lay  your  hancf 
upon  the  book.  The  evidence  which  you  shall 
give  for  our  sovereign  lord  the  king  against 
Samuel  Atkins,  the  prisoner  at  the  bar,  shall 
be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth ;  so  help  yon  God. 

Recorder.  My  lord,  this  is  Charles  Atkins, 
whom  we  desire  to  begin  withal.  It  was  he 
that  had  the  discourse  first  with  Samuel  Atkins 
about  Child,  and  afterwards  with  Child  about 
the  murder.  Pray,  Sir,  tell  the  discourse  you 
had  with  Child,  and  the  time  when. 

C:  Atkins.  My  lord,  it  was  much  about 
the  time  that  his  majesty  went  to  New- 
market. 

L.  C.  J.   That  was  in  September,  I  think. 

C.  Atkins.  No,  my  lord,  it  was  in  the  be- 
ginning of  October.  I  cannot  speak  to  a  day, 
I  cannot  very  well  tell  that,  but  it  was  much 
about  that  time.  I  had  been  with  sir  John 
Williams  about  the  same  business  that  I  came 
to  speak  with  Mr.  Atkins  about  (ihis  gentle- 
man whom  I  am  forced  to  be  witness  against 
on  the  king's  account ;  but  otherwise  I  have  a 
great  regard  for  him),  and  coming  there  I  ask- 
ed the  porter  below  stairs  whether  Mr.  Atkins 
were  in  the  house. 

X.  C.  Jr   At  what  house  was  it  ? 

C.  Atkins.  At  Derby-house  in  Channel-row. 
He  said,  Yes.  So  I  went  up  stairs,  and  found 
him  there  all  alone  in  the  study,  where  he  ge- 
nerally writes  near  another  study,  where  was 
the  clerk  that  usually  wrote  with  him,  but  he 
was  alone ;  it  was  in  the  afternoon  :  And  after 
I  had  spoken  to  him,  I  desired  him  that  he 


239] 


STATE  TRIALS,  31  Charles  II.  1679.— Trial  of  Samuel  Atkins, 


[MO 


would  walk  out  into  the  other  room.  And  at 
the  window,  which  is  next '  the  door  that  is  to 
the  office,  he  and  I  stood  talking  together. 
After  we  had  discoursed  a  little  about  the  plot, 
-  he  told  fcie,  that  sir  £.  Godfrey  had  very  much 
injured  his  master ;  and  if  he  lived  would  be, 
the  ruin  *f  him.  And  thereupon  I  have  heard 
J  that  his  master  was  questioned  in  the  House  of 
Commons,  asked  him  whether  he  were  a  par- 
liament man,  thinking  that  might  be  the  occa- 
sion of  their  questioning  him :  No,  said  he. 
But  then  he  went  off  from  what  we  were  then 
discoursing,  and  he  desired  me  to  be  secret, 
and  went  on  upon  that  account  in  several  par- 
ticulars, that  I  cannot  now  exactly  remember. 
And  as  we  were  talking  he  broke  off  his  dis- 
course short,  and  asked  me  if  I  knew  Mr. 
Child  :  What  Child  ?  said  I,  He  that  I  used  to 
meet  at  the  Three  Tobacco-Pi  pes  ?  Said  he,  It 
is  that  Child  that  you  recommended  to  me  : 
For  I  had  recommended  such  a  one  to  him  to 
be  purser  of  a  ship,. by  the  means  of  one  Owen. 
Said  he,  Is  he  a  man  that  is  stout,  or  to  be 
trusted  with  a  secret  f  Said  I,  As  to  his 
valour  I  know  nothing  of  it,  but  he  has  a  very 
good  character.  Then  said  he,  When  you  see 
him  send  him  to  my  master ;  but  as  for  myself, 
I  desire  not  to  have  him  ask  for  me  when  he 
comes  thither.  I  could  not  meet  Child  that 
night,  but  I  did  the  next  night ;  and  so  he  said 
he  would  go  thither.  And  afterwards  I  met 
him  again,  and  he  said  be  had  been  there,  and 
falling  into  discourse,, he  would  have  engaged 
me  to  join  in  the  murder  of  a  man. 

L.  C.  J.  What  did  Child  say  to  you  ?  What 
is  Mr.  Atkins's  masters  name  r 

C.  Atkins.  Mr.  Pepys. 

L.  C.  J.  What  Mr.  Pepys  of  the  Navy  ? 

C.  Atkins.  Yes,  ray  Lord. 

X.  C.  J.  Had  Child  been  with  him  ? 

C.  Atkins.  My  Lord,  he  told  me  so. 

L.  C.  J.  What  did  he  say  when  he  came  from1 
Mr.  Pepys? 

C.  Atkins.  He  told  me  nothing  qf  Mr. 
Prpys,  but  he  would  have  engaged  me  to  join  in 
the  murder  of  a  man.  I  was  then  iust  coming 
from  walking,  and  met  him  in  Holborn-fields, 
near  the  Three  Tobacco- Pipes,  and  he  desired 
me  to  walk  with  him,  which  I  was  unwilling  to 
do.  He  told  me  he  had  something  private  to  say 
to  me  ;  I  told  him  there  was  a  shed  in  the  back 
part  of  the  house  that  was  private  enough  ; 
and  thither  we  went ;  and  I  sat  with  my  back 
to* the  house,  and  J»e  with  his  to  the  garden. 
And  as  soon  as  tho  master  of  the  house  had 
brought  a  pot  of  ale,  he  fell  into  discourse,  and 
told  me  he  believed,  that  by  reason  of  the 
necessity  of  my  fortune,  and  the  troubles  I  lay 
under,  and  my  want  of  money,  I  would  under- 
take a  business  that  might  relieve  my  wants.  I 
replied,  any  thing  that  was  honourable  1  would 
'  undertake,  or  that  became  a  gentleman  ;  but  to 
rob  on  the  highway,,  or  any  thing  of  that  na- 
ture, that  was  base,  I  would  not  do  it.  He 
answered  me  that  it  was  a  thing  of  greater  mo- 
ment than  that ;  he  told  me  it  was  the  killing 
of  n  man.    I  immediately  utterly  denied  tojoin 

7 


with  him  in  it ;  he  gave  me  eight  or  nine  days 
to  consider  of  it,  and  I  should  have  a  great  re- 
ward, if  I  would  join  with  them.  I  heard  of 
him  no  more  for  a  considerable  while,  and  thru 
I  met  him  at  the  Three  Cans  or  the  Six  Cans, 
Holborri,  and  renewing  his  discourse,  he  told 
me,  if  I  would  not  agree  with  them  to  help  to 
murder  him,  yet  if  I  would  conceal  it,  I  should 
have  100/.  brought  to  my  chamber ;  but  if  I 
did  reveal  it,  I  should  not  outlive  it. 

L.  C.J.  This  Child  said? 

C.  Atkins.  Yes,  my  lord. 

L.  C.  J.  Who  were  them  were  to  be  with 
you,  captain  Atkins,  do  you  know? 

C.  Atkins.  I  do  not  know,  my  Lord,  he  did 
not  tell  me  who  they  were. 

L.  C.  J.  Pray  tell  us  again  :  What  was  the 
first  discourse  you  had  with  Mr.  Sam.  Atkins? 

C.  Atkins.  I  came  to  bprrow  a  little  money 
of  him,  and  it  was' at  the  great  window  in  the 
great  room  above  stairs,  the  very  window  next 
the  office  where  the  prisoner  writes,  and  there 
he  began  his  discourse.  We  were  talking  of  this 
plot  that  was  discovered,  and  something  about 
Coleman,  but  the  particulars  I  cannot  remem- 
ber, and  then  he  fell  into  discourse  about  Sir 
Edmund  bury  Godfrey. 

L.  C.  J.  What  discourse  was  it  ? 

C.  Atkins.  That  he  had  injured  his  master, 
and  if  he  lived,  he  would  rum  him.  I  asked 
him  whether  he  was  a  member  of  the  House  of 
Commons,  because  I  knew  his  master  had  bee  a 
there  questioned  for  his  religion.  No,  said  he  ; 
bnt  then  he  went  off  from  that,  which  he  was 
then  talking  of,  which  was  concerning  the  Plot 
and  sir  Edmund  bury  Godfrey,  and  asked,  if  I 
knew  where  there  was  a  stout  man,  and  parti- 
cularly enquired  about  Child,  and  bid  me  send 
him  to  his  master. 

L.  C.  J.  Did  he  fear  Sir  Edmundbury  God- 
frey would  ruin  his  master,  by  discovering  some- 
thing about  the  Plot  ? 

C.  Atkins.  1  understood  so. 

L.  C.  J.  Why,  he  did  not  say  that  his  master 
knew  of  it,  did  he? 

6.  Atkins.  No,  not  to  me. 

L.  C.  J.  And"  what  did  he  talk  of  killing  any 
bo'dv? 

C.  Atkins.  No,  lie  did  not  mention  it  to  me. 

L.  C.  J.  Then  ail  that  he  said  to  you  was, 
that  Sir  Edmundbury  Godfrey  had  very  much 
injured  his  master,  and  if  he  lived  would  ruin 
him ;  and  then  asked,  if  you  knew  a  man 
that  would  be  stout  and  secret,  and  bid  you 
send  him  to  his  master,  but  not  ask  for  him. 

S.  Atkins.  Pray,  Mr.  Atkins,  will  you  tell 
what  time  that  discourse  was? 

C.  Alkhs.  I  cannot  tell  that  exactly.  Ii 
was  two  days  before  Sir  John  Williams  went 
into  the  country.  It  was  about  the  time  o 
the  duchess  her  going  beyond  sea. 

S.  /It kins.  Was  there  no  body  by  when  W< 
had  that  discourse? 

C.  Atkins.  There  was  another,  in  a  stud; 
hard  by, I  cannot  tell  exactly  who. 

5.  Atkins.  Do  you  know  his  name  when  yoi 
hear  it  ?    Was  it  Mr.  Lewis  ? 


311]  STATE  TRIALS,  31  Charles  II.  1670.-; ft  th*  Murder  qf  Sir  E.  G*df,ey.  [24« 


C.Atkins.  I  think  ic  was  so,  I  cannot  ex- 
actly telL 

JL  C  X  What  day  was  it,  as  near  as  job 
can? 

C.  Atkins.  I  cannot  say  what  day  it  was.;  it 
was  about  seven  or  eight  days  in  October,  as  1 


L.  C.  J.  You  say  it  was  about  the  time  of 
the  Duchess  her  going  over  into  Holland. 
C.  Atkins.  1    think  so.     I  cannot  positively 


SoL  Gen.  Had  yoa  any  reward  offered  to 
too  f>r  killing  of  a  man? 
*  C.  Atkins.  Yes,  I  had  by  Child. 

8.  Atkins.  By  whom  was  the  reward  to  be 
paid? 

C.Atkins.  He  did  not  fell  me. 

Alt.  Gen.  Now,Nmy  lord,  because  it  seems  a 
strange  thing,  that  Mr.  Atkins,  who  says  he  is 
a  Protestant,  should  be  engaged  in  this  busi- 
ness, we  have  a  witness  here  to  prove,  that  he 
bath  been  seen    often  at  Somerset-house    at 
Mass,  and  so  he  is  a  party  concerned  ;  for  those 
that  are  of  that  party,  it  was  their  interest  to 
cot  him  off.    And  that  is  this  boy.    [Pointing 
to  a  bow  that  was  then  brought  in.] 

L.C.J.  How  old  are  you,  child  ? 

Boy.  About  seventeen. 

Just.  Wild.  Do  you  know  what,if  you  swear 
ssfae,  will  become  of  you? 

Boy,  I  will  not  swear  false.  ' 

Jasace  Wild.  What,  if  you  do  swear  false, 
will  become  of  yoo  ? 

Boy.  I  stall  be  damned. 

Ait.  Gen.  He  is  a*  like  to  speak  truth  as  ano- 
ther. 

8.  Atkins.  What  religion  are  you  of,  boy  ? 

Ben;.  A  Protestant. 

8.  Atkins.  Do  you  know  me  ? 

Boy.  No. 

Justice  Wild.  Sir,  you  are  too  bold  with  the 


L.  C.  J.  Swear  him. 

Ait.  Gen.  Pray  hold.  My  Lord,  this  is  a 
ess  that  Mr.  Ward  brings  from  below.  I 
him  not  in  my  brief.  I  desire,  before  they 
swear  bias,  that  he  would  give  an  account  whe- 
ther ha  knows  the  prisoner  or  no. 

Bay.  No  I  do  not.  [And  so  the  boy  was 
earned  off,  with  some  expressions  of  Mr.  A£- 
taroey's  displeasure  to  Mr*  Ward  for  bringing 
hooin.J 

Recorder.  Jay  lord,  I  perceive  it  was  a  mis- 
take ;  k  was  some  body  else.  We  will  pro- 
ceed to  other  evidence. 

Sol  Gen.  (Sir  Francis  Winnington.)  We 
have  hitherto  gone  upon  the  evidence  to  prove 
that  Mr.  Atkins,  sought  out  for  a  stout  man, 
and  when  he  had  found  one  be  thought  was 
sir  his  purpose,  he  bid  him  send  him  to  his 
aaster.  This  stout  man,  Child,  would  have  en- 
gaged the  other  witness  in  a  murder  ;  and  it  is 
very  probable  what  that  murder  was,  to  wit, 
the  murder  of  sir  Edmundbury  Godfrey ;  for 
we  shall  prove  that  the  prisoner  was  aiding 
sad  assisting  to  carry  off  the  body.  And  for 
we  call  Mr.  BetJlow, 


Then  Mr.  Bedlam  was  sworn. 

'  Recorder.  Pray,  sir,  will  you  tell  my  lord 
and  the  jury,  whether  you  were  in  the  roam 
where  the  body  lay,  and  in  what  company  yoa 
saw  it? 

Bedlam.  wYour  lordship  had  an  account  yes* 
terrtay,  how  Le  Faire  came  to  acquaint  me, 
that  such  an  one  was  murdered,  and  that  they 
intended  so  and  so  to  dispose  of  the  body. 
When  I  came  to  meet  him  at  Somerset- house, 
I  asked  b^n  who  were  to  be  concerned  in  car- 
rying him  off.  He  told  me,  it  was  a  gentleman, 
one  Mr.  Atkins.  I  thought  it  might  have  been 
this  gentleman  [pointing  to  captain  Atkuisj 
whom  I  had  known  several  years -since,  and  so 
1  enquired  no  further,  but  remembered  he  told 
me  so  ;  and  when  1  came  into  the  room,  there 
was  a  great  many  there  and  some  of  them  their 
face*  I  did  see,  I  asked  a  young  gentleman 
whether  his  name  was  not  Atkins,  and  he  said 
Yes;  then  I  asked  htm,  if  he  were  Mr.  Pepys's 
clerk.  He  answered  Yes,  and  added,  I  have 
seen  you  often  at  my  master's  house.  There 
was  a  very  little  light,  and  the  man  was  one  I 
was  not  acquainted  with,  though  1  had  been 
often  at  the  house,  but  could  never  meet  with 
ham,  and  yet  the  roan  said, '  he  had  seen  ma 
often  there  :'  So  that  it  is  hard  fir  me  to  swear 
that  this  is  he.  And  now  I  am  upon  one  gen- 
tleman's life,  I  would  not  be  guilty  of  a  false- 
hood to  take  away  another's.  I  do  not  re- 
member that  he  was  such  a  person  as  the  pri- 
soner is ;  as  far  as  I  can  remember  he  had 
a  more  manly  iace  than  be  hath,  and  a 
beard. 

L.  C.  J.  You  do  well  to  be  cautious,  Mr. 
Bed  low. 

Justice    Wild.  Pray,  what  store  of  people 
were  there  ? 

Bedlam.  I  believe  there  were  seven  or  eight.  , 
Some  there  were  that  1  knew. 
L  C.J.  Who  were  those? 
Bedlam.  Le  Faire  and  Prauoce.    I  remem- 
ber very  well,  I.asked  Mr.  Atkins  this  question, 
are  you  Mr.   Pepys's  clerk  ?  He  said  yes :  I 
have  seen  you  often  at  my  roaster's  house. 

L.  C.  J.  And  that  was  all  the  discourse  you 
had  with  him  ? 

Bedlam.  Yes,  for  I  was  but  a  very  little  while 
there. 

L.  C.  J.  But  you  cannot  charge  the  prisoner 
to  be  him  ? 

Bedlam.  I  do  think  he  had  a  more  manly 
face  than  the  prisoner  has,  and. a  beard. 

L.  C.  J.  So  vou  think  it  rather  was  not  be, 
than  it  was  ha  f 

Brdfaw.  I  cannot  say  it  was  he?  nor  I  could 
not  at  first.  I  did  not  know  but  it  might  be 
some  one  that  did  assume  his  person  to  put 
me  off. 

Justice  Wild:  Mr.  Bedlow,  pray  let  me  ask 
you  one  question.  Did  you  never  know  of  any 
design  to  murder  Sir  £.  Godfrey,  till  Le  Faire 
spoke  to  you  tocarryhtmoff? 

Bedlom.  I  knew  not  till  I  saw  him  murdered. 
They  told  me  I  should  help  to  carry  off  the 
R 


fid]  STATE  TRIALS,  SI  Charles  II.  I6I9.— Trial  qf  SmrtutVAtkhs,         (144 

body  of  one  that  was  murdered,  but  I  could  not 
imagine  whom. 

'    JuC.  J.    But  you  knew  that  they  were  to 
murder  a  man  ? 

Bedlam.  Yes,  my  lord,  but  I  knew  not  whom. 

Justice  Wild.  But  you  were  appointed  to 
insinuate  yourself  into  sir  E.  Godfrey  *s  acquain- 
tance? 

Bed  low.  Yes,  my  lord. 

Justice  Wild.  And  upon  what  errands  were 
you  sent  ? 

Bedlam.    To  take  out  warrants  for  the  peace. 

Justice  Wild.    And  did  you  take  out  any  ? 

Bedlow.  Yes,  against  some  persons,  and 
there  were  none  such. 

Recorder.  Now,  if  your  lordship  pleases,  I 
desire  Mr.  Bedlow  to  let  us  know,  whether  he 
did  ask  the  person  that  said  he  was  Mr.  Atkins 
any  other  questions? 

Bedlam.  No,  I  did  not, 

Recorder.  How  came  you  to  ask  him  no 
other  questions,  but  only  whether  he  were  Mr. 
Pepya's  clerk  ? 

Bedlow.  Because  i  never  heard  of  any  of 
/  that  name,  but  he  and  this  gentleman  [pointing 


to  captain  Atkins],  whom  I  know  very  well, 
and  I  could  not  tell  but  it  might  be  he. 

L.  C.  J  Here  is  the  thing.  Le  Faire  told 
him  one  Atkins  should  help  him  to  carry  the 
body  off;  and  when  became  into  the  room, 
that  person  told  him  his  name  was  Mr.  Atkins, 
and  then  lie  asked  if  be  were  Mr.  Pepys's  clerk 
for  lie  could  not  tell  but  that  it  was  Charles 
Atkins. 

Recorder.  We  have  another  reason,  my  lord, 
for  the  asking  that  question.  Pray  what  dis- 
course had  you  about  any  commission  ? 

Bedlow.  I  had  often  been  with  captain  Ford 
at  Mr.  Pepys's  about  his  commission,  and  I  had 
often  desired  to  speak  with  Mr.  PepysorMr. 
Atkins  his  clerk,  but  I  could  never  nod  either 
of  tbem  at  home  ;  aud  therefore  when  I  met 
that  young  gentleman  there,  I  asked  him  whe- 
ther he  were  Pepys's  man  and  he  said  yes.  I 
asked  him  if  he  knew  me,  and  he  told  me  yes. 
X  had  been  often  at  his  master's  house  wkh 
captain  Ford,  but  I  lmd  never  seeu  Mr.  Atkins. 

Recorder.     What  did  he  tell  you  besides? 

Bedlow.  That  was  all  the  discourse  we  had. 

Sol.  Gen.  Did  you  ever  hear  of  any  other 
Atkins  that  lived  with  Mr.  Pepys  ? 

Bedlam.  No,  none  at  all.  And  the  same  tes- 
timony I  Rive  now,  I  gave  at  the  first.  And 
ray  lord,  I  could  not  he  positive  before  the 
lords  of  the  committee,  and  I  cannot  be  posi- 
tive now. 

Att.  Gen.  Indeed  he  was  never  positive  at 
the  first.  Now,  my  lord,  if  you  please,  we  will 
call  a  witness  to  prove,  that  that  day,  when  this 
was  supposed  to  be  done,  Mr.  Samuel  Atkins 
bad  bespoke  a  diuner  at  Mount  Horeb,  but  he 
had  some  other  business,  and  did  not  come, 
and  lost  the  price  of  a  good  dinner.  Pray 
swear  Thomas  Walton,  t Which  was  done.] 

Recorder*  Pray,  sir,  what  can  you  say  ? 

Walton.  As  to  the  body  of  the  cause,  I  have 
netjriftg  to  say.    I  k*v*  pot  seen  Mr.  Atkins 


these  two  years;  but  there  having  been  some 
friendship  between  us,  I  had  a  mind  to  see 
him,  and  sent  a  particular  friend  to  desire  him 
to  appoint  a  meeting. 

L.C.J.  When?. 

Walton.    At  Mount  Horeb. 

Att.  Gen.  My  lord  doth  not  ask  where,  but 
when,  at  what  time  ? 

Walton.  At  two  of  the  clock. 

Att,  Gen.  What  day  ? 

Walton.  The  12th  of  October. 

L.  C.  J.  How  come  you  to  remember  the 
day? 

}Valton.  I  will  tell  you  my  reason,  my  lord. 
When  I  heard  that  this  gentleman  was  in  this 
unhappy  affair,  I  said,  How  much  better  had  it 
been  for  him  to  have  been  in  my  company,  that 
I  might  have  vouched  for  him?  But  you  [point- 
ing to  the  prisoner]  did  appoint,  you  know,  sir, 
to  meet  me.  Aud  I  took  cognizance  of  this 
affair  speaking  to  a  particular  friend. 

j£.  C.  J.    How  long  after  this? 

Walton.    When  the  tidings  were,* he  was 
taken  prisoner. 
,  Att.  Gen.  A  great  while  agone  my  lord, 

X.  C.  J.  How  long  after  sir  £.  Godfrey  was 
murdered  ? 

Att.  Gen.   About  a  fortnight. 

L.  C.  J.  Was  there  a  dinner  bespoke  ? 

Walton.  I  bespoke  one  for  bim ;  he  knew 
nothing  of  it. 

Att.  Getu  Did  he  appoint  to  be  there  that 
day? 

Walton.  Yes,  he  did.  I  think  he  will  not 
deny  it 

Att.  Gen.  Did  you  send  a  messenger  to  ban  t 

Walton.  Yes,  I  did. 

Att.  Gen.   What  answer  had  you  ? 

Walton.  He  brought  me  word,  he  would 
come  at  two  of  the  clock  to  me. 

Att.  Gen.  Did  you  bespeak  the  dinner  for 
him,  and  did  you  pay  for  it  ? 

Walton.  I  never  gave  him  any  account  what 
was  to  be  for  dinner. 

Att.  Gen.  But  let  this  evidence  go  as  far  as 
it  will.  This  gentleman  had  a  mind  to  meet 
him ;  sent  a  messenger  to  him  to  meet  bim  : 
he  appointed  at  two  o'clock ;  and  be  bespoke  si 
dinner  for  him,  but  be  came  not.  Now  we 
use  it  thus.  I  desire  to  know  of  him,  when 
was  the  message  sent  ?  How  long  before  that 
day?  or  was  it  the  day  before? 

Walton.   It  was  a  week  before. 

Att.  Gen.  What  day  before? 

Walton.   It  was  a  week  before. 

Att.  Gen.  Can  you  remember  what  day  ? 

Walton.  I  do  not,  for  I  had  no  dissatisfac- 
tion because  he  did  not  come. 

8.  Atkiru.  Will  your  lordship  give  me  leave 
to  ask  him  one  question  ?  I  own,  sir,  you  sent 
to  me  by  a  school-fellow,  about  a  week  before, 
and  desired  me  to  appoint  a  day  to  meet  you, 
and  I  appointed  this  day,  and  that  for  this  resv- 
son ;  I  knew  my  master  would  be  then  out  oi 
town,  and  so  1  thought  I  could  conveniently 
meet  you;  but  it  being  ten  days  before,  I  en- 
tirely forgot  it ;  -but  can  prove  by  several  wit* 


where  I  did  dine  that  day,  wbicb  I  de- 
sire may  be  called.  But  now,  my  lord,  this 
gentleman  is  open  bis  oath,  who  is  a  protestant, 
and  was  my  school-master,  I  desire  him  to  de- 
clare whether  I  was  bred  a  protestant,  or  no ; 
and  whether  my  friends  were  so  or  no  ? 

L.  C.  J.  How  was  he  bred,  sir  ? 

Walton.  He  was  bred  op  in  the  protestant 
refcpon,  my  lord. 

L.  C.  J.  Were  his  father  and  mother  pro- 
testants? 

Watom.  Yes,  my  lord,  they  were  so,  and  I 
know  them  very  well. 

&  Atkins.  Pray,  sir,  declare  whether  I  was 
not  only  bred  a  protestant,  but  whether  I  was 
not  so  also  when  I  left  your  school  ? 

Walton.  Yes,  my  lord,  he  was  always  a  pro- 
testant, and  a  very  sealous  one  too. 

L.  C.  J.    There  is  very  much  in  that. 

Justice  Wild.   Where  is  this  Mount  Horeb? 

Recorder.  It  is  in  Pudding-lane,  at  one  Mr. 
Appleby's. 

L.  C.  J.  Well,  have  you  any  thing  more, 
Mr.  Attorney? 

Alt.  Gen.  No,  my  lord,  I  hare  no  more  to 
say,  all  I  near  what  defence  the  prisoner  makes. 

L.  £  J.  Then,  Mr.  Atkins,  you  bare  liberty 
to  defend  yourself. 

S.  Atkins.  My  lord,  and  Gentlemen  of  the 
Jory,  I  hope  I  shall  in  my  defence  proceed 
?ery  inoffensively  towards  God  and  towards 
this  Court.  First,  towards  God  (before  whom 
I  am,  in  whose  presence  I  must  appear,  and 
before  whom  I  can  protest  my  innocence  as  to 
what  is  charged  upon  roe),  in  that  I  shall  de- 
clare nothing  bat  what  is  true :  And  towards 
this  Court  in  the  next  place,  because  I  intend 
to  deliver  myself  with  all  the  respect  and  sub- 
mission  to  it  that  becomes  a  prisoner.  My 
lord,  this  gentleman,  Mr.  Atkins  who  hath 
brought  this  accusation  against  me,  is  a  man 
whom  I  have  kept  from  perishing,  I  suppose 
he  will  own  it  himself;  I  petitioned,  solicited 
for  him,  and  was  instrumental  in  getting  him 
eat  of  prison,  for  a  fact  which  I  shall  by  and 
by  tell  you.  And  though  this,  my  lord,  may 
seem  against  me,  yet  by  and  by 

L.C.  J.  Hold,  vou  mistake,  Mr.  Atkins,  he 
does  you  no  mischief  at  all,  for  he  saith  no 
more  than  that  he  hath  been  discoursing  with 
too  about  the  plot,  and  you  said  sir  Edmund- 
bury  Godfrey  bad  very  much  injured  your 
fluster ;  and  that  you  desired  to  kuow  if  he 
were  acquainted  with  a  stout  roan  ;  and  asked 
naraealarJy  of  Mr.  Child,  and  bid  him  send 
nun  to  your  master;  and  be  said  afterwards,  be 
had  been  there,  and  would  have  engaged  him 
to  job  in  a  murder.  All  which  is  nothing  to 
the  purpose. 

8.  Atkins.  But  I  never  had  any  such  dis- 
course with  him  my  lord. 

L.  C.  J.  If  you  had,,  or  had  not,  it  is  no 
■titer :  you  need  not  labour  your  defence  as 
to  any  thing  be  says. 

8.  Atkins.    I  protest  before  God  Almighty, 
I  know  nothing  of  it. 
Justice  Voftau   Bat  what  say  you  to  Mr. 


19.-tf*  thtMmrdertf  Sir  R  Godfrey.  [34ft 

Bedlow's  testimony;  Did  you  see  the  body  of 
sir  £.  Godfrey  at  Somerset* House? 

S,  Atkins.  No  my  lord ;  I  am  so  far  from 
that,  that  in  ail  my  life  I  was  never  in  the  house. 

X.  C.  J.  Then  call  a  couple  of  witnesses  to 
prove  where  yon  were  that  Monday  night,  the 
14th  of  October,  and  you  need  not  trouble 
yourself  any  farther. 

S.Atkins.  There  is  captain  Vittles,  and  his 
whole  company. 

L.  C.  J.  Can  any  of  these  say  where  yon 
were  the  Hth  of  October  ?  If  they  can,  a 
couple  of  them  is  enough.    Who  is  this  ? 

Atkins.  This  is  the  captain,  my  lord. 

L.  C.  J.  What  is  your  name  ? 

Capt.  Vittles.  My  name  is  Vittles. 
■    L.  C.  J.  Do  you  know  Mr.  Atkins  the  pri- 
soner ? 

Vittles.  Yes,  very  well. 

L.  C.  J.  How  long  have  yon  known  him  I 

Vittles.    These  14  years. 

L.  C.  J.  Can  you  tell  where  he  was  the  14th 
of  October  ? 

Vittles.  I  can  tell  by  several  circumstances, 
that  your  lordship  shall  understand,  that  I  do  / 
remember  the  day. 

L.  C.  J.  Why,  you  cannot  tell  what  day  of 
the  week  it  was  ? 

Vittles.  Yes,  I  can,  it  was  of  a  Monday.  . 

L.  C.  J.  Where  was  he  on  a  Monday  ? 

Vittles.  The  king  was  pleased  to  command 
me  to  go  to  Antwerp,  to  carry  over  some  offi- 
cers of  the  king's  to  the  garrison  ;  I  returned 
back  the  6th  of  October,  which  was  Sunday. 

Justice  Jones,  How  come  you  to  remember 
the  days  so  exactly  ? 

L.  C.  J.  Mariners  are  very  exact  and  punc- 
tual ;  they  keep  accounts  of  every  day,  and 
have  journals  of  all  passages. 

Vittles.  Ay,  my  lord,  and  I  have  it  here  in 
my  pocket :  The  6th  day  I  arrived  at  Green- 
wich, which  was  sabbath  day,  and  that  day  I 
would  not  come  ashore,  but  I  let  it  alone 
while  Monday,  which  was  the  7th  day ;  then 
my  lord  I  went  and  appeared,  and  gave  an  ac- 
count to  the  Secretary  of  what  I  had  done, 
according  to  my  instructions,  to  see  whether  he 
bad  any  further  service  to  command  me.  At 
present  the  Secretary  told  me,  No, ;  so  I  told 
him  I  would  go  down  to  the  Yatch,  and  wait 
his  majesty's  commands ;  and  there  I  staid  till 
Thursday ;  and  on  Friday  the  Secretary,  I 
think,  was  going  out  of  town  to  Newmarket,  and 
so  I  could  receive  no  orders  from  him,  but  was 
to  stay  till  he  came  back.  On  the  Monday  fol- 
lowing I  came  up  about  eleven  of  the  clock, 
and  I  met  with  Mr.  Atkins  at  the  office  he  had 
at  his  master's  the  Secretary's;  said  I,  I  am  glad 
you  are  at  home  ;  and,  said  be,  I  am  glad  you 
are  not  gone,  for  there  are  a  couple  of  gentle- 
women that  desire  to  see  a  yatch,  and  if  you 
will  go  down  I  will  come,  down  too,  and  brine 
down  my  friends  by  aud  by  :  Said  I,  I  am  glad 
I  am  in  a  way  to  serve  you,  and  you  shall  be 
welcome  to  what  I  have.  So  I  disappointed 
two  or  three  friends  that  I  had  appointed  to 
meet  at  Billingsgate,  that  I  might  get  my  boat 


247]  STATE  TRIALS,  3 1  Charles  II.  1070— Trial  qf  Samud  Atkhm.         [MB 


ready.  When  I  came  aboard,  I  ordered  my  men 
to  cteau  it,  and  I  got  ready  some  provisions, 
»uch  ns  I  had  :  But  hi  the  mean  time  my  young 
lord  Berkefy  and  his  men  came  to  see*  the  yatch 
in  the  afternoon,  where  she  lay  then  at  Green- 
wich, over  against  the  college;  and  I  being 
glad  of  such  a  gentleman's  company,  entertain- 
ed him  with  a  bottle  or  two  of  wine,  and  what 
the  ship  would  afford,  and  when  he  went  away, 
I  fired  five  guns.  And  when  he  was  gone,  I 
was  walking  upon  deck ;  and  I  wonder,  said  I 
to  my  men  who  were  with  me,  that  Mr.  Atkins 
doth  not  come  ;  he  told  me  he  would  be  here 
with  some  friendi ;  I  will  go  a- shore  if  he  does 
not  come  quickly.  And  so,  if  it  shall  like  your 
honour,  I  stayed  an  hour  longer ;  and,  said  I, 
if  he  doth  not  come  in  half  an .  hour,  I  will  go 
a-shore  and  I  was  ready  to  go,  when  I  saw  a 
boat  at  a  distance,  and  then  said,  I  will  stay  for 
I  believe  Chat  is  the  boat ;  and  it  proved  so. 
It  w.as  two  of  the  clock  when  my  lord  went 
away,  and  it  was  then  half  an  hour  past  four, 
or  thereabouts.  80  when  he  came  a- board  his 
two  friends  came  a- board  with  him,  and  went 
down  hi  to  the  cabin,  2nd  drank  a  glass  of 
wme,  such  as  we  had ;  and  the  wine  being  good 
anc|  just  come  from  beyond  seas,  we  drank  till 
seven  of  the  clock,  and  I  would  not  let  them 
go.  ■  Then  said  he,  I  will  not  keep  the  boat 
upon  charge  here.  No,  you  need  not,  said  I, 
my  boat  shall  see  you  a-shore.  So  he  dischar- 
ged the  boat,  which  was,  I  say,  about  seven 
o'clock,  and  so  about  eight  or  nine  o'clock  we 
had  drunk  till  we  were  a  little  warm  ;  and  the 
wine  drinking  pretty  fresh,  and  being  with  our 
friends,  we  did  drink  freely,  t^ll  it  was  indeed  un- 
seasonable :  I  must  beg  your  lordships  pardou, 
but  so  ic  was;  and  at  half  an  hour  past  ten,  I 
ordered  my  meu  to  go  off  with  the  boat  of  four 
oars,  that  belonged  to  the  yatch,  and  that 
would  go  much  swifter  than  any  other  boats, 
and  I  put  him  into  the  boat  very  much  fuddled. 
Now,  my  lord,  away  goes  be,  with  four  of  my 
*  men  (they  are  here),  and  I  ordered  them,  pray, 
said  1,  put  a-sbore  Mr.  Atkins  and  his  friends 
where  they  will  go  a-shore.  So  I  went  to  sleep 
when  he  was  gone ;  and  the  next  day  in  the 
morning,  when  the  boat  came  aboard,  said  I, 
where  did  you  pot  a-shore  Mr.  Atkins  and  the 
two  gentlewomen  ?  At  Billingsgate,  said  they. 
Why  so,  said  I  ?  Which  way  would  they  get 
home?  for  I  knew  Mr.  Atkins  was  very  much 
in  drink.  Why,  said  they,  the  tide  was  so  strong 
at  the  bridge,  that  we  could  not  get  through 
with  our  boat.  Now  it  flowed  that  same  night 
till  twelve  minutes  past  ten ;  so  that  it  must 
be  near  half  an  hour  past  ten  when  they  went 
•way. 

Justice  Wild,  What,  it  flowed  there  at  past 
ten? 

Tittle*.  Yes,  it  did. 

L.  C.  J.  Mr.  Bedlow,  what  time  of  the 
night  was  it  that  you  were  at  Somerset-house  ? 

Bedlow,  It  was  betwixt  nine  and  ten. 

L.  C.  J.  He  was  on  shipboard  theu. 

Justice  Wild.  He  was  very  sober,  that  you 
tpokft  withal,  was  not  he  ? 


'  Bedlam.    Yes,  very  sober,  my  lord. 

L.  C.  J.  Theu  call  anotner  witness,  one  el 
your  men,  and  we  have  done. 

VittUs.     Give  the  word  for  the  boatswaia 
Trihbett. 

L.  C.  J.  Did  the  women  pledge  you  captain? 

Vittles.  Pledge  me,  my  lord. 

L.  C.  J.  Ay,  did  they  drink  with  you? 

V U ties.  Ay,  and  drink  to  us  too,  my  lord. 

£.  C.  J.  Those  be  your  men  that  sUnd  there? 
[He,  and  several  other  of  the  ship's  company 
were  there.]    Whither  did  you  carry  Mr.  At-    - 
kins  when  your  captain  commanded  you  to  set 
him  ashore  ? 

Tribbet't.  To  Billingsgate. 

L.  C.  J.    What  time  of  night  came  joe 
there? 

Tribbett.  At  half  past  eleven. 

L.  C.  J.  What  time  did  you  carry  him  from 
die.  yatch  ? 

Tribbet.  It  was  about  half  an  hoar  past  ten 
o'clock. 

L.  C.  J.    What  day  of  the  week  was  it? 

Tribbett.  It  was  on  a  Monday. 

L.  C.  J.  Well,  yon  need  not  trouble  your- 
selves any  more. 

Ait.  Gen.  My  lord,  in  this  matter,  it  is  in 
vain  to  contend  in  a  fact  that  is  plain.  But  I 
would  desire  (because  some  perhaps  will  make 
an  ill  use  of  it)  that  they  would  please  to  take 
notice,  here  is  no  disproving  the  king's  evidence* 
For  Mr.  Bedlow  did  not  at  first,  nor  doth  be 
now,  charge  him  directly  to  be  the  man :  so 
that  whoever  reports,  That  the  king's  evidence 
is  disproved,  will  raise  a  very  false  rumour. 

L.  C.  J.  No,  no ;  it  is  so  much  otherwise, 
that  for  all  he  hath  said  herein*  be  is  the  mora> 
to  be  credited  in  his  testimony ;  and  Mr.  At- 
kins needed  not  to  make  any  defence,  but  must 
have  come  off  without  any,  upon  vt  hat  Mr.  Bed- 
low  says  for  him. 

Att.  Gen,  So  likewise  for  the  first  man,  all 
that  he  says  consists  together,  and  may  be  true, 
and  yet  Mr.  Atkins  innocent. 

L.  C.  J.    So  it  may. 

Att.  Gen.  I  desire  the  company  may  not  go 
away  with  a  mistake,  as  if  the  king's  evidence 
were  disproved. 

L.  C.  J.     Not  in  a  tittle. 

Att.  Gen.    Then  I  have  done,  my  lord. 

L.  C.  J.  No,  I  will  tell  you  how  it  did  arise. 
It  arose  from  the  jealousy  of  the  murder  of  air 
£.  Godfrey,  and  persons  were  willing  to  lay 
hold  on  any  opportunity  to  find  it  out.      And 
Mr.  Bedlow  was  told  such  a  man  should  be  br* 
fellow  to  help  him  to  cairy  away  the  body;  and 
hearing  of  such  a  name,  thought  it  possible  it 
might  be  such  a  one ;  and  he  owning  himself  to 
bear  that  name,  and  to  be  Mr.  Peoys's  clerk, 
when  he  gave  in  his  information,  the  people, 
who  were  put  into  such  alarms  as  these,  were 
very  ready  to  catch  at  it*     Therefore  no  body 
was  to  blame  for  pursuing  Bedlow's  evidence. 
He  said  nothing  then;  but  what  be  says  new, 
and  that  is  nothing  at  all  positive,  which  is  all 
true,  and  yet  Mr.  Atkins  doth  appeal1  to  be  a 
very  innocent  man  in  this  matter. 


3WJ 


STATE  TRIALS,  Si  Cjubus  II.  1*71).— Trial  of  David  Lam. 


[250 


Then  the  Jury  consulted  together  at  the  bar, 
and  agreed. 

CL  of  the  Cr.  Gentlemen,  are  you  all  agreed 
of  your  ?  erdict  ? 

Omnes.     Yes. 

CLofthe  Cr.    Who  shall  speak  for  you  ? 

Omnes.     Our  Foreman. 

€7.  o/fA*  Cr.  Samuel  Atkins,  hold  up  thy 
hand.  [Which  he  did.]  Look  upon  him.  Bow 
say  you;  is  he  Guilty  of  the  felony  and  murder 
whereof  he  stands  indicted,  or  Not  Guilty? 

Foreman.    Not  Guilty. 

CI  if  the  Cr.    Did  he  fly  for  it  f 

Foreman.     Not  that  we  know  of. 

S.  Atkins.  God  bless  the  king,  and  this  ho- 
nourable bench.  [On  his  knees.] 

CL  of  the  Cr.  Samuel  Atkins,  hold  op  thy 
hand.  [Which  he  did.]  Look  upon  the  prisoner. 
Hew  say  you,  h  he  Guilty  of  the  felony,  as  ac- 
cessary to  the  murder,  as  he  stands  indicted,  or 
Not  Guilty? 

Foreman,     Not  Guilty. 

CL  of  the  Cr.  Did  he  fly  for  it  ? 
Foreman.    Not  that  we  know  of. 
S.  Atkins.     God  bless  the  king  and  this  bo* 
noorahJe  bench.  [On  his  knees.] 


CL  of  the  Cr.  Then  hearken  to  your  ver- 
dict, as  the  Court  hath  recorded  it.  Yon  say, 
that  Samuel  Atkins  is  not  guilty  of  the  felony 
and  murder  whereof  he  stands  indicted ;  nor 
that  be  did  fly  fur  it.  And  you  say  that  he  is 
not  guilty,  as  accessary  to  the  felony  and  mur- 
der whereof  be  stands  indicted,  nor  that  be  did 
fly  for  the  same;  and  so  you  say  all  f 

Omna.    Yes. 

X.  C.  J.  Mr.  Atkibs,  I  should  have  been 
very  glad  that  the  rest,  who  have  been  con- 
demned, had  been  as  inn6cent  as  you  are  f  and 
I  do  assure  you,  I  wish  all  mankind  had  been 
innocent.  For,  if  any  Protestant  had  been 
guilty  of  such  a  -thing  as  this,  it  would  have 
grieved 'me  to  the  very,  heart,  that  any  Protest- 
ant should  do  such  things,  as  those  priests  pro- 
voke their  proselytes  to  at  this  day. 

Capt.  VittUs.     My  lord,  here  is  his  school- 
master will  give  your  lordship  an  account  bow* 
he  was  bred  and  brought  up,  and  what  a  good 
conditioned  young  man  he  was. 

L.  C.  /.  Well,  well;  captain,  go  you  and 
drink  a  bottle  with  him. 

Then  Mr.  Atkins  went  from  the  bar. 


249.  The  Trial" of  David  Lewis, 
of  Llandaff),  at  Monmouth 
31  Charles  II.  a.  d.  1679- 


a  Jesuit,    (pretended  Bishop 
Assizes,    for  High  Treason: 
[Written  by  Himself.J 


THE  S8th  of  March,  1679,  the  assizes  began 
at  Monmouth,  sir  Robert  Atkins  being  sole 
judge-     A   grand  jury  of  gentlemen  was  re- 
turned by  the  sheriff,  and  called,  against  several 
of  whom  Mr.  Arnold  and  Mr.  Price  excepted, 
and  so  put  by,  as  such  tbey  conceived   might 
befiiedti  me  ;  a  challenge  not  known   before ; 
sarin  the  case  between  che  marquis  of  Worces- 
ter, and  the  tenants  of  Wentwood,  upon  a  riot, 
Henry  Williams,  esq.  and  others  would  have 
excepted  against  some  of  that  grand-jury,  the 
same  judge  Atkins  then  positively  said,  It  was 
ridiculous  and  not  usual  to  challenge  out  of  a 
grand-jury.     At  last  a  jury  was  sworn,  and  an 
indictment  drawn   up  against  me,  upon  the 
statute  of  the  t7th  Elia.  and  preferred  to  the 
grandjury.   That  evening,  being  Friday,  I  was 


Not  guilty.     The  next  day,  about  ten  of  the 
dock  in  the  morning,  the  judge  came  from  the 
N'niyrius  aide,  and  sat  at  the*  crown  side,  and 
I   at  the    same   time   being  brought  to  the 
bar,  the  crier  made  proclamation  for  silence, 
that  a  jury  for  life  and  death  might  be  impan- 
neiled, and  I  made  my  challenges ;  presently 
a  jury  from  the  other  bar  was  called,  which  was 
not  usual,  and  I  to  challenge,  the  judge  telling 
me,  I  might  challenge  without  hindrance;  .by 
pue»s  I  challenged  three  ;   but  out  of  that 
Nisi  prists  jnrj  called  to  the  crown  bar,  and 
chat  by  Mr.  Arnold's  own  suggestion,  who  had 
•  strong  influence  upon  the  judge  as  being  his 
Juasmao,  aad  sitting  at  his  ttght  hand,  divers 


were  excepted  by  Mr.  Arnold  ;  whereupon,  to 
make  up  the  jury,  the  judge  commanded  the 
high* sheriff  to  call  in  home,  and  he  called  many, 
and  of  those,  still  Mr.  Arnold  excepted,  as 
either  being  of  my  neighbourhood,  or  acquaint- 
ance, for  there  being  many  in  the  country ;  the 
sheriff  seeing  so  many  of  his  calling  excepted, 
he  desired  Mr.  Arnold  himself  should  call 
whom  he  pleased ;  whereat  the  judge  checked 
the  sheriff,  and  he  said  he  was  saucy  :  at  last, 
with  much  difficulty,  a  jury  was  impanneiled,  a 
jury  now  contrived,  of  none  but  such  as  pleased 
Mr.  Arnold,  principal  prosecutor  against  me, 
which  was  very  hard,  and  an  ignorant  jury  it 
was  withal :  the  jury  being  impanneiled,  it  was. 
sworn,  the  indictment  read,  and  witnesses 
called,  thus : 


arraigned  opon  that  bill,  to  which  I  pleaded ,      Clerk  of  the  Assizes.  David  Lewis,  hold  op 


thy  hand.  Here  thou  standest  indicted  of 
high-treason,  by  the  name  of  David  Lewis;  for 
that  thou,  being  a  natural  subject  of  the  king 
of  England,  hast  passed  beyond  seas,  aod  hast 
taken  orders  from  the  Church  and  See  of  Rome, 
and  hast  returned  back  again  into  England, 
and  continued  upwards  of  forty  days,  contrary1 
to  the  statute  87  Eliz.  in  that  case  made  and 
provided,  which  by  the  said  statute  is  bigb- 
treasou.*  What  bast  thou  to  say  for  thyself  I 
Art  thou  Guilty,  or  Not  Guilty  ? 

Prisoner.  Not  Guilty. 

Clerk.  By  whom  wife  thou  be  tryed  r 

Prisoner.  By  God  and  my  country. 

Clerk.  God  send  thee  a  good  deliverance, . 


8M] 


STATE  TRIALS,  siCsuiutll.  1679— Trial 


Ltxou, 


[850 


Ckrk.  Crier,  call  WiHiam  Price,  Dorothy 
James,  Jtfaney  Trott,  John  James,  Catharine 
Thomas.  He  calls  them,  aud  they  all  appear. 
Then  says  the  clerk  to  the  crier,  swear  $em: 
and  he  sware  them  all. 

Judge.  (Sir  Robert  Atkins.)  William  Price, 
took  on  the  prisoner,  do  you  Know  him  ? 

Price.  Yes,  my  lord,  I  do  know  him. 

Judge.  What  have  yon  to  say  of  him  ? 

.Price.  My  lord,  about  a  year  and  a  half  ago 
I  saw  him  at  Mrs.  Bartlet's  home,  at  a  place 
called  Castle-Morton  in  Worcestershire,  and 
there  1  beard  him  read  Mass,  I  was  at  con- 
fession with  him,  and  I  received  the  Sacrament 
from  him,  according  to  that  way. 

Judge.  Was  there  any  altar,  or  any  cruci- 
fixes or  copes? 

Price,  Yes,  my  lord,  that  there  were. 

Judge.  How  many  times  did  you  see  him  ? 

Price.  But  that  once,  my  lord. 

Judge.  Were  you  of  that  way  then  ?• 

Price.  Yes,  my  lord,  upwards  of  18  years. 

Judge.  What  are  you  now  ? 

Price.  A  Protestant,  my  lord. 

Judge.  Well,  Mr.  Lewis,  what  have  you  to 
say  to  this  ? 

Prisoner.  With  your  lordship's  leave,  I  will 
answer  all  together. 

Judge.  Very  good,  you  do  well,  it  will  be  so 
much  the  shorter.  Dorothy  James,  look  on  the 
prisoner,  do  you  know  him  ? 

Dorothy.  Yes,  my  lord. 

Judge.  WJiat  have  you  to  say  of  him  ? 

Dorothy.  My  lord,  1  saw  him  say  Mass,  take 
confessions,  give  the  Sacrament,  marry,  chris- 
ten, and  heard  him  preach  in  the  English  and 
Welch. 

Judge.  Were  there  altars  and  crucifixes? 

Dorothy,  Yes,  my  lord,  altars,  crucifixes-, 
chalices,  and  such  other  things  belonging  to 
that  way. 

Arnold.  Did  you  see  him  give  that  they  call 
Sxtreme  Unction  ? 

JJorothy.  Yes,  that  I  did,  to  my  uncle,  my 
father's  brother. 

Judge.  Do  you  know  what  Extreme  Unc- 
tion is  ? 

Dorothy.  Yes,  that,  I  do,  it  is  anointing  sick 
people  with  oil,  when  they  are  dying. 

Judge.  It  is  right;  that  is  another  Sacra- 
ment of  their  church,  grounding  themselves 
upon  these  words  of  St.  James,  as  1  take  it,  « If 
any  be  sick  among  you,  let  him  be  anointed/ 
Qut  that  was  in  the  times  of  miracles  only. 

Arnold.  Did  he  take  upon  him  to  free  souls 
from  purgatory  ? 

Dorothy,  Yes,  that  be  did,  and  he  had  of  me 
eight  pounds  in  silver,  and  one  piece  of  gold,  to 
free  my  father's  soul. 

Prisoner.  Ood  is  my  witness,  to  my  best 
knowledge,  I  never  had  one  single  piece  of  any 
money  from  her  or  her  husband,  upon  any  ac- 
count whatsoever. 

Judge.  Have  you  any  more  to  say  ? 

Dorothy.  No,  my  lord.  {And  with  that  she 
Uttflhed  at  the  bar.  J 

Aueja^How  natr,  woman!  do  yon  make  a 


of  it  ?  Carry  yourself  more  mo- 
dest, lor  the  gentleman  is  for  his  life,  and  it  is 
no  jesting  matter.  Well,  William  James,  look 
upon  the  prisoner.  Do  you  know  the  prisoner? 
and  what  have  you  to  say  of  him  ? 

Wm.  James.  Yes,  my  lord,  I  do  know  him, 
and  I  have  seen  him  read  Mass  many  times, 
and  take  confessions,  and  give  the  Sacrament, 
and  christen,  and  marry. 

Judge.  Have  you  any  more  to  say  ? 

Wm.  James.  No,  ray  lord. 

Judge.  Mr.  Trott,  what  have  you  to  say  of 
the  prisoner?  Did  yon  ever  bear  him  read 
Mass  ?  Was  he  reputed  commonly  a  Jesuit,  or 
Popish  priest  ? 

Trott.  Yes,  rov  lord,  he  was  commonly  re- 
puted so,  and  I  heard  him  often  read  Mass ; 
and  I  saw  him  marry  Mr.  Gnnter*s  daughter  to 
Mr.  Body. 

Judge.  Were  you  then  of  that  religion  ? 

Trott.  No,  my  lord,  I  was  deluded  by  my 
wife  out  of  the  Protestant  religion,  and  was  a 
Papist  during  her  life-time. 

Judge.  Are  you  of  that  religion  stil!  ? 

Trott.  No,  my  lord.  When  I  saw  their 
wicked  designs  to  kill  my  gracious  king,  1  ab- 
horred their  traitorous  proceedings,  and  left 
them,  and  am  now  a  Protestant,  in  which  I 
shall  continue. 

Judge.  You  do  well. 

Arnold.  My  lord,  there  is  Mr.  Roger  Saves, 
a  very  material  witness. 

Judge.  Crier,  swear  him.  Mr.  Sayes,  what 
have  you  to  say  against  the  prisoner  ? 

Sayes.  My  lord,  I  was  employed  with  others, 
on  the  16th  of  November  last,  to  go  and  search 
for  biro,  and  we  found  him,  and  took  him,  with 
several  Popish  things,  which  we  carried  away, 
&c. 

Judge.  Did  you  see  him  at  Mass  ? 

Sayes.  No,  my  lord. 

Judge.  Then  sit  down.  What  have  you  to 
say,  John  James  ?  What,  are  you  dead,  or 
afraid  to  be  wbipt?  Look  upon  me,  and  speak 
out. 

John  James.  He  married  me  and  my  wife. 

Judge.  Is  that  all  yon  know  ?  Did  you  aee 
him  at  Mass  ? 

John  James.  I  know  no  more. 

Judge.  Catharine  Thomas,  did  you  see  him 
at  Mass  ?  Why  do  not  you  speak,  woman  ? 
Speak,  woman. 

C.  Thomas.  Yes.  I  have  no  more  to  say,  dc* 
what  you  please  with  me. 

Arnold.  My  lord,  there  is  one  Cornelius  in 
Court,  I  see  him,  wbo  was  clerk. 

Judge.  Crier,  call  him,  swear  him.  Well, 
Cornelius,  did  you  ever  see  the  prisoner  at 
Mass? 

Cornelius.  I  am  an  ignorant  fellow,  I -know 
not  what  Mass  is. 

Wm.  James.  My  lord,  he  was  his  clerk.  _ 

Cornelius.  No,  I  was  his  servant. 

Judge.  Well,  sit  down.  Mr.  Lewis,  now 
what  have  you  to  say  to  all  these  witnesses,  for 
yourself? 

Prisoner.  Mylord,  my  Indictment  was,  Thavt 


U3] 


STATE  TRIALS,  31  Chailbs  1L  1679.— /or  High  Treason. 


[954 


being  ft  natural  subject  of  the  king  of  England,  I 
I  was  ordaioed  beyond  the  seas,  by  ft  juris- 
diction derived  from  the  See  of  Rome,  and  re- 
turned hack  agaio  into  England,  &c.  contrary 
to  the  statute  in  that  case  made  and  provided, 
27  Eli*.  Under  your  lordship's  favour,  I  con- 
ceive that  there  has  not  been  here  any  one  wit- 
neat,  who  hath  prayed  the  Indictment,  or  any 
part  thereof* 

Judge.  What  then  ?  Do  yon  eipect  we  shall 
learch  the  Records  at  Rome,  or  should  bring 
persons  to  prove,  that  they  saw  you  ordained 
there  ?  No,  Sir  ;  it  is  enough  'that  yon  have 
eiercised  the  function  of  a  priest,  in  copes  and 
vestments  need  in  your  church,  and  that  you 
hate  read  Mass,  taken  confessions,  given  abso- 
lutions, married,  and  christened ;  if  all  this 
will  not  make  you  a  priest,  what  will  ?  I  bare 
tried  several  Popish  priests,  but  never  met  with 
so  full  a  proof  as  this  now. 

Prisoner.  All  these  things  supposed  proved, 
will  not  make  me  a  priest,  unless  proved  to  be 
performed  by  me,  as  one  ordained  beyond  the 
seas,  by  the  jurisdiction  derived  from  the  See 
of  Borne;  for  the  very  ministry  of  the  Church 
of  EarJaod  take  special  confessions,  and  give 
ftVnsai  absolutions ;  many,  in  case  of  necessity, 
christen,  though  no  priests ;  and  lately,  the 
country  knows  it,  one,  no  Popish  priest,  so- 
lemnly married  a  couple;  neither  can  one 
prove  to  have  seen  me  read  Mass,  unless  it  be 
proved  first,  that  I  was  ordained  beyond  the 
seas,  by  a  jurisdiction  derived  from  the  See  ef 
Route ;  for,  no  such  ordination,  no  priest ; 
and,  no  priest,  no  Mass. 

Judge.  To  disprove  all  these  witnesses,  by 
saying,  it  cannot  be  proved  you  were  ordained 
beyond  the  seas,  by  a  jurisdiction  derived  from 
the  See  of  Rome,  is  as  much  as  that  saying, 
BeHahnioe,  thou  lyest. 

Prisoner.  My  lord,  were  it  proved  that  I 
read  Mass,  that  were  not  treason  in  me,  for  1 
am  informed,  that  it  were  but  the  forfeiture  of 
200  marks,  by  a  statute  of  93  Eh*. 

Judge.  It  is  true,  who  hears  Mass,  forfeits 
100  marks.  But  he  that  uses  to  read  it,commits 
treason  :  but  these  are  the  tricks  of  you  all, 
yet  all  will  not  do  :  have  you  any  thing  else 
to  say  ? 

Primmer.  With  your  lordship's  leave,  now  I 
desire  to  speak  something  to  the  evidence  of 
every  particular  witness. 

Judge.  Speak  then. 

Primmer.    My  lord,  as  to  the  first  witness, 
Price ;    as  I  hope  to  be  saved,  to  the  best  of 
sbj  memory,  I  never  saw  him,  till  this  very  day, 
before.     I  never  knew  or  heard  before  now  of 
that  Mrs.  Bardet,  or  of  that  place  Castle  Mor- 
ton ;  I  never  was  in  that  place  all  my  life-time; 
way,  I  never  was  in  Worcestershire,  or  in  any 
boose  in  Worcestershire,  but  twice,  the  last 
time  whereof  was  about  five  years  ago ;    and 
that  was  hut  at  my  inn  in  Worcester  town, 
where,  with  a  servant,  I  alighted,  bespoke  my 
tapper,  went  to  the  coffee-house,  drank  two 
dishes  of  coffee,  read  the  Gazette,  returned  to 
*y  ion  again,  supped,  went  to  bed,  next  morn- 


ing bought  some  few  books  at  the  stationers, 
dined,  took  horse,returned  home  again  c  This  is 
all  the  being  I  ever  was  in  Worcestershire. 

Judge.    Look  upon  him,  do  you  know  him  f 

Price,    Yes,  my  lord,  he  is  the  man. 

Judge.  Have  you  any  more  to  say  ? 

Prisoner.  Yes,  my  lord.  Mr.  Trot  was 
married  to  a  kinswoman  of  mine,  and  she  was 
a  considerable  fortune  to  him,  which  he  having 
spent  very  idly,  and  she  dying,  be  went  to  Loo- 
don,  where  finding  au  employment  at  Court, 
and  there  having  done  some  unhandsome 
things,  he  was  banished  the  court,  and  now 
lives  upon  the  charity  of  gentlemen  and  friend* 
for  his  bread ;  so  that  with  good  reason  it  may 
be  believed,  it  is  rather  poverty  and  hope  of 
gain,  than  any  thing  else,  that  brings  bim  here 
to  accuse  me. 

Judge.  '  Paupertas  ad  turpia  cogit.'  Little 
gentleman,  [he  was  a  dwarf,]  what  can  you  say 
to  this  ? 

Trot.  My  lord,  I  was  over  with  the  king, 
and  he  commanded  me  to  attend  him  at  White* 
hall  on  his  Restoration,  where  I  came  when  I 
returned,  and  I  was  received  into  his  service, 
but  was  never  banished  the  court,  only  I  cam* 
away  upon  discontent,  and  still  I  may  go  there 
when  I  please :  My  lord,  I  am  desirous  to  do  my 
king  and  country  good  service,  hot  I  am  in  dan- 
ger of  my  life  amongst  them,  and  must  look  vet 
myself. 

Judge.  Ay,  Mr.  Trot,  bare  a  care  of  yourself, 
you  do  well.  Mr.  Lewis,  have  you  any  more  to 
say  for  yourself? 

Prisoner.  My  lord,  Dorothy  James  and 
William  James  her  husband,  their  evidence  is 
grounded  upon  plain  malice,  and  that  malice 
thus  grounded :  They  pretending  I  owed  them 
money,  ihey  sued  me  in  Chancery ;  but  after  a  t 
considerable  charge  at  law,  finding  themselves 
not  like  so  to  prevail,  then  they  fell  to  threat- 
ening roe,  that  they  would  have  me  in  band, 
that  they  would  make  me  repent,  that  she 
would  never  give  over  to  prosecute  against  die, 
till  she  had  washed  her  hands  in  my  heart's 
blood,  and  made  pottage  of  my  head. 

Judge.    Can  you  prove  that  ? 

Prisoner*    Yes,  my  lord,  that  I  can. 

Judge.    Call  your  witnesses  then. 

Prisoner.  Crier,  call  Richard  Jones,  Anne 
Williams,  Anne  James,  and  Cath.  Cornelius. 

Judge.    What  can  you  say,  Richard  Jones  I 

Richard  Jones.  I  heard  William  James  say, 
he  would  make  Mr.  Lewis  repent. 

Judge.    Anne  Williams,  what  can  you  say  ? 

Anne  Williams.  I  beard  from  several  per* 
sons,  that  Dorothy  James  said  to  several  per* 
sons,  in  and  about  Carlion,  that  she  would  wash 
her  hands  in  Mr.  Lewis's  blood,  and  that  she 
would  have  his  head  to  make  pottage  of,  as  of  a 
sheep's  head. 

Catharine  Cornelius.  My  lord,  and  I  heard 
the  same. 

Judge.    Anne  James,  what  can  you  say  f 

Anne  James.  I  heard. Doiothy  James  swear, 
that  she  would  wash  her  hands  in  Mr.  Lewis*! 
heart's  blood. 


855] 


STATE  TRIALS,  31  Chahle*  IL  1679.— Trial  qf  David  Lews, 


(*** 


Judge.  Where  did  you  hear  her  say  so  ? 
^nne  James.    1   heard  her  say  so  in  her 
own  house,  at  the  fire-side,  when  I  lived  with 

her. 

Judge.  Well,  Mr.  Lewis,  all  this  will  not  do, 
all  will  not  excuse  you  from  being  a  priest ;  or 
were  you  a  hypocrite  ? 

Prisoner.  My  lord,  I  am  a  native  of  this 
country. 

Judge.  What,  of  this  country  ? 

Prisoner.  Yes,  my  lord,  of  this  country ;  and 
those  years  L  lived  in  this  country,  I  lived  with 
the  reputation,  of  an  honest  man,  amongst  all 
honest  gentlemen  and  neighbours. 

Judge.  WeJl,,Mr.  Lewis,  have  you  any  more 
to  say? 

Prisoner.  My  lord,  Mr.  Sayes  was  sworn 
witness  against  me,  I  desire  to  ask  him  one 
question. 

Judge.    Do  so. 

Prisoner.  Mr.  Sayes,  when  you  took  me, 
was  there  a  justice  of  peace  with  you,  at  taking 
•f  me? 

Sayes.  No. 

Prisoner.  My  lord,  with  this  opportunity  I 
humbly  beg  leave  to  clear  myself  from  a  foul 
aspersion,  wherewith  I  am  calumniated  over 
the  whole  nation,  in  a  printed  pamphlet,  which 
pamphlet  I  can  here  produce ;  and  wherein 
there  is  not  one  line  of  truth.  For  it  says  at 
the  end  of  it,  that  I  was  taken  by  a  justice  of 
peace  and  others,  in  a  place  cunnmgiy  con- 
trived under  a  clay-floor,  which  Mr.  Sayes 
knows  to  be  untrue;  and  whereas  it  aJledges, 
That  I  cheated  a  poor  woman  of  30/.  to  redeem 
her  father's  soul  out  of  purgatory,  the  pamphlet 
names  neither  the  woman,  nor  her  husband, 
nor  her  lather,  nor  the  place  nor  time,  when 
nor  where. 

Judge.  Does  it  not  ? 

Prisoner.  No,  my  lord ;  so  that  the  whole 
pamphlet  is  one  entire  lie,  devised  by  some 
Abolish  malice. 

Judge.  Mr.  Lewis,  I,  for  my  part,  do  not 
believe  it  to  be  true.  Have  you  any  more  to 
say? 

Prisoner.    No  more,  my  lord. 

Judge.  Then  withdraw  and  repose.  Gen- 
tlemen of  the  Jury,  here  he  stands  indicted,  &c. 
Kud  summed  up  the  whole  evidence.]  If  you 
lieve  what  the  witnesses  swore,  you  must  find 
the  prisoner  Guilty  of  High  Treason;  you  have 
heard  what  was  proved  against  him,  therefore 
go  together. 

Prisoner.  My  lord,  before  the  Jury  go,  I 
desire  to  speak  something,  which  now  occurs 
•mo  me,  and  is  material  against  the  evidence 
of  Price. 

Judge.  Jury,  stay. 

Prisoner,  this  very  morning  that  Price  came 
to  my  chamber,  with  the  gaoler  (it  seems  it  was 
to  view  me),  he  took  a  turn  about  the  room,  all 
the  time  eyeing  me ;  at  his  going  out,  he  was 
asked  by  the  gaoler,  whether  i  was  the  man  he 
meant  ?  and  be  answered,  If  I  was  he,  I  was 
much  changed,  and  if  I  was  be,  I  had  black 
short  curled  hair. 


Judge.    Can  you  prove  that? 

Prisoner.    Yes,  my  lord. 

Judge.    Where  are  your  witnesses  ? 

Prisoner.  Crier,  call  Elizabeth  Jones  anil 
Charles  Edwards. , 

Judge.    Woman,  what  can  you  say  to  this  t 

Eliz.  Jones.  My  lord,  Price  this  morning, 
after  he  had  viewed  the  gentleman  in  his  cham- 
ber, as  he  was  going  out  he  said,  If  he  be  the 
roan,  he  is  much  changed,  and  hath  black 
curled  short  hair ;  which  is  not  so. 

Judge.  Charles  Bd wards,  what  can  you  say  ? 

Edwards.  I  beard  Price  say  the  same  words 
she  relates. 

Judge.  Where  is  Price?  Crier,  call  Hoi. 
But  he  was  not  to  be  found,  being  gone  out  of 
the  hall.  (This  was  the  trick  of  Coleman,  te 
asperse  the  witnesses.) 

[Here  the  Jury  went  out,  and  immediately 
returned  again.] 

Clerk.    Are  you  agreed  of  your  verdict? 

Jury.    Yes. 

Clerk.    Who  shall  speak  for  you  ? 

Jury*    Foreman. 

Clerk.  David  Lewis,  hold  op  tby  band. 
Do  you  fiud  the  prisoner  Guilty,  or  Not 
Guilty  ? 

Jury.    Guilty. 

Judge.    Have  you  any  more  to  say  ? 

Prisoner.    No  more,  my  lord. 

Clerk.    David  Lewis,  hold  up  thy  hand. 

Judge.  Give  me  my  cap.  David  Xewis, 
thou  shait  be  led  from  this  place,  to  the  place 
from  whence  thou  earnest,  &c.  [As  usual  in 
Cases  of  fligh  Treason.]  So  the  Lord  have 
mercy  on  thy  soul. 

Then  I  made  a  bow  to  the  Judge,  and  the 
Court  arose. 


Afterwards,  August  27,  1670,  he  was  exe- 
cuted according  to  the  Sentence,  at  Uske  in 
Monmouthshire,  where  he  spake  as  follows: 

"  Here  is  a  numerous  assembly,  I  see ;  the 
great  Saviour  of  the  world  save  every  soul  or 
you  all;  I  believe  you  are  here  met  not  only  to> 
see  a  fellow-native  die,  but  also  with  expecta— 
tion  to  hear  a  dying  .fellow-native  speak.  If 
you  expected  it  not,  at  least  1  intended  it,  I 
hope  the  favour  will  not  be  denied  me,  it  being 
a  favour  so  freely  granted  to  several  late  dying 
persons  in  London  itself.  I  shall  endeavour  to 
speak  inoffensively ;  I  hope  the  same  favour 
will  not  be  denied  me. 

"  *  Let  none  of  you  suffer  as  a  murderer  or  % 
'  thief,  but  if  as  a  Christian,  let  him  not  be* 
1  ashamed :'  Saint  Peter's  words,  1  Peter  iv. 
15, 16.  I  hope  by  God's  holy  spirit  now  whis- 
pered to  my  memory,  and  that  to  my  abundant 
consolation ;  for  I  suffer  not  as  a  murderer, 
thief,  or  such-like  malefactor,  but  as  a  Chris- 
tian, and  therefore  am  not  ashamed. 

"  |  distinguish  two  sorts  of  life  on  earth,  life- 
moral  and  life-natural ;  life-moral  is  that  by 
whieh  we  live  with  good  repute  in  the  esteem 
of  other  men  of  integrity ;  life-natural  is  that  by 


857] 


STATE  TRIALS,  31  Chabuu  II.  1G7  9. —/or  High  Treason. 


[958 


which  we  breathe ;  in  the  first  tort  or  kind,  I 
thank  God  I  have  suffered  lately,  and  exceed- 
ingly, when  maliciously,  falsely,  nod  most  inju- 
rioaaJy,  I "  was  branded  for  a  public  cheat,  in 
pamphlet,  in  ballad,  on  stage,  and  that  in  the 
head  city  of  the  kingdom,  yea,  and  over  the 
whole  nation,  to  Che  huge  and  great  detriment 
of  my  good  name,  which  I  always  was  as  ten- 
der of,  as  the  other  I  am  now  quitting. 

The  pampbletical  story,  believe  my  dying 
words,  had  no  truth  in  it,  neither  to  substance, 
nor  circumstance  of  the  thiqg ;  a  story  so  false, 
that  I  could  have  easily  defied  the  face  that  had 
attempted  to  justify  it  to  tuy  lace ;  so  sordid  a 
business,  a  story  so  ridiculous,  that  I  wonder 
how  any  sober  Christian,  at  least  who  knew 
me,  could  as  much  as  incline  to  believe  so  open 
an  improbability  ;    who  that  Protest ai it  young 
man  there  mentioned  was,  I'  know  not ;    who 
that  Popish  young  woman ;  n  who  the  father 
dead  a  year  and  a  half  before ;  in  what  county, 
what  parish,  were  all  transacted,  I  know  nut, 
none  of  aU  these  there  particularized;    and 
when  » the  ace  of  the  country  at  last  Lent- 
assizes,  I  vindicated  my  innocency  herein,  to 
the  nrts/acrion  of  the  then  Judge  himself,  why 
appeared  not  there  then  some  one  to  make 
food  the  charee,  and  disable  my  defence  ?  But- 
none  of  this  offered ;  a  plain  demonstration  to 
all  candid  minds,  the  whole  was  a  mere  fiction 
of  some  malicious  person  against  rae :    God 
Jbrghre  them  or  him,  I  heartily  do.      How  for- 
ward my  endeavours  always  have  been  to  my 
power  to  relieve  the  poor,  and  not  directly  to 
defraud  them,  impartial  neighbours  that  know 
me  can  tell  you  ;    besides  this,  during  my  nine 
months  imprisonment,  several  foul  and  false 
aspersions  were  cast  out  against  me,  and  that 
by  those  unto  whom,  for  full  thirty  years,  I  had 
been  charitably  serviceable :  God  forgive  them, 
I  heartily  do.     Yet  notwittatanding  all  these 
calumniations,  I  hope  I  still  retain  the  charac- 
ter of  an  honest  man  amongst  gentlemen  of 
worth,  with  whom  I  conversed,  and  with  all 
neighbours  of  honesty,  with  and  amongst  whom 
I  lived. 

And  now  I  am  parting  with  the  other  life 
by  which  I  breathe,  behold  that  within  these 
£rw  moments  of  time  is  to  unbreathe  me ;  but 
why  thus  sledged  to  this  country  Tyburn  t  Why 
this  so  untimely  death  of  mine  ?  Have  patience, 
and  I'll  tell  vou  ;  not  for  any  plotting,  I  assure 
jou ;  and  wnat  I  shall  now  say,  as  to  that,  God 
a  my  witness,  I  shall  speak  without  any  equi- 
vocation, mental  reservation,  or  palliation  of 
troth  whatsoever. 

Bj  all  that  is  sacred  in  heaven  and  earth, 
I  here  solemnly  protest,  that  I  am  as  innocent 
from  any  plot  whatever  against  his  majesty's 
person  or  government,  as  the  infant  that  left 
the  mother's  womb  but  yesterday  ;  neither  did 
I  ever  hear  or  know  any  thing  directly  or  indi- 
rectly of  any  such  plot,  till  public  fame  bad 
spread  it  over  thecountry  between  Michaelmas 
sad  All-Saints  day  last :    This  is  true,  as  God 
shall  judge  and  save  my  soul;    neither  was 
there  any  guilt  o(  any  such  black  crime  found 
rou  nis 


in  me  by  Mr.  Oates,  Mr.  Bedlow,  Mr.  Dug- 
dale  and  Mr.  Prauuce,  when  by  them  I  was 
strictly  examined  on  that  point,  last  May,  in 
Newgate,  London  ;  nay,  bad  I  had  the  least 
knowledge  or  hint  of  such  plot,  I  had  been  as 
sealbu»ly  nimble  in  the  discovery  of  it,  as  any 
the  most  loyal  subject  his  majesty  hath  in  his 
three  kingdoms ;  wherefore,  w  hen  I  am  dead 
and  gone,  if  some  malevolent  give  out,  I  lose 
my  life  for  plotting,  by  charity  strive  to  disen- 
gage him  of  his  mistake ;  do  that  right  to  my 
dead  ashes. 

I  was  never  taught  that  doctrine  of  king-kill* 
ing;  from  my  soul  I  detest  and  abhor  it  as  exe- 
crable and  directly  opposite  to  the  principles  of 
the  religion  I  profess  ;  what  that  is,  you  shall 
know  by  and  by ;  it  being  the  positive  definition 
of  the  council  of  Constance,  That  it  is  damnable 
for  any  subject,  or  private  person,  or  any  sub- 
jects in  council  joined,  to  murder  his  or  their 
lawful  king  or  prince,  or  use  any  public  or  clan- 
destine conspiration  against  him,  though  the 
said  king  or  prince  were  a  Turk,  apostate,  per* 
secuior,  yea  or  a  tyrant  in  government;.  Never 
tell  me  of  Clement  the  murderer  of  Henry 
the  3d  of  France ;  never  tell  me  of  Ravilliac, 
murderer  of  Henry  the  4th  of  France,  they  did 
so,  hot  wickedly  they  did  so,  and  for  k  they 
were  punished  to  severity,  as  malefactors;  and 
for  it,  to  this  very  day,  are  stigmatised  by  all 
Roman  catholics,  for  very  miscreants,  and  vil- 
lains. I  hope  you  will  not  charge  the  whole 
Roman  catholic  body  with  the  villainies  of 
some  few  desperadoes :  By  that  rule,  all  Chris- 
tianity must  be  answerable  for  the  treason  of 
Judas  ;  for  my  part,  I  always  loved  my  king,  I 
always  honoured  his  person,  and  I  daily  prayed 
for  his  prosperity  ;  and  now,  with  all  unfeigned 
cordiality,  i  say  it,  God  bless  my  gracious  Icing 
and  lawful  prince,'  Charles  2,  Kiug  of  England, 
and  Prince  of  Wales,  God  bless  him  tempo- 
rally and  eternally,  God  preserve  him  from  all 
his  real  enemies,  God  direct  him  in  ail  his  conn* 
cils,  that  may  tend  to  the  greater  glory  of  the 
same  great  God  ;  and  whatever  late  plot  hath 
been,  or  is,  the  Father  of  lights  bring  it  to  light, 
the  contrivers  of  it,  and  the  actors  in  it,  that  such 
may  be  brought  to  their  condign  punishment, 
ana  innocence  preserved. 

But  why  again  this  untimely  death  I  My  re- 
ligion is  the  Roman  catholic  religion,  in  it  I 
have  lived  above  this  forty  years,  in  it  I  now 
die ;  and  so  fixedly  die,  that  if  all  the  good 
things  in  this  world  were  offered  rae  to  renounce 
it,  all  should  not  move  me  one  hair's  breadth 
from  my  Roman  catholic  faith;  a  Roman  ca- 
tholic I  am,  a  Roman  catholic  priest  I  am,  a 
Roman  catholic  priest  of  that  religious  order 
called  the  Society  of  Jesus  I  am ;  and  I  bless 
God  who  first  called  me ;  and  I  bless  the  boar 
in  which  I  was  ficst  called  both  unto  faith  and 
function. 

Please  now  to  observe,  I  was  condemned  foe 
reading  mass,  hearing  confessions,  administrtag 
the  sacraments,  anointing  the  sick,  christening, 
marryiog,  preaching :  As  for  reading  the  mass, 
it  was  the  old,  and  still  is,  the  accustomed  and 

S 


§59]      STATE  TRIALS,  31  Charles  II  1619.— Trial  of  Nathanael  Reading,      [?C0 


laudable  liturgy  oftfie  holy  church  ;  and  all  the 
other  acts,  which  are  nets  of  religion,  tending 
to  the  worship  of  God  ;  and  for  this  dying,  I 
die  for  religion.  Moreover  know,that  when  last 
May  I  was  in  London  under  examination  con- 
cerning the  plot,  a  prime  examinant  told  me, 
that  to  save  my  life  and  increase  my  fortunes,  I 
must  make  some  discovery  of  the  plot,  or  con- 
form ;  discover  plot  I  could  not,  for  I  knew  of 
none ;  conform  I  would  not,  because  it  was 
against  my  conscience ;  then  by  consequence  I 
must  die,  and  so  now  dying,  I  die  for  conscience 
and  religion ;  and  dying  upon  such  good  scores, 
as  far  as  human  frailty  permits,  I  die  with  ala- 
crity interior  and  exterior  ;  from  the  abundance 
of  the  heart,  let  not  only  mouths,  but  faces  also 
apeak. 

Here,  methinks,  I  feel  flesh  and  blood  ready 
to  burst  into  loud  cries,  tooth  for  tooth,  eye  fur 
eye,  blood  for  blood,  life  for  life ;  No,  crieth 
holy  gospel,  Forgive  and  yon  shall  be  forgiven ; 
pray  for  those  that  persecute  you  ;  love  your 
enemies;  and  I  profess  myself  a  child  of  the 
gospel,  and  the  gospel  I  obey. 
*  Whomever,  present  or  absent, I  have  ever  of- 
fended, I  humbly  desire  them  to  forgive  me  ; 
as  for  my  enemies,  had  I  as  many  hearts  as  I 
have  fingers,  with  all  those  hearts  would  I  for- 
give my  enemies,  at  leastwise,  with  all  that  sin- 
gle heart  I  have,  I  freely  forgive  them  all,  my 
fteigb  hours  that  betrayed  me,  the  persons  that 
took  me,  the  justices  that  committed  roe,  the 
witnesses  that  proved  against  me,  the  jury  that 
found  me,  the  judge  that  condemned  me,  and 
ethers  whoever,  that  out  ef  malice  or  zeal, 
covertly  or  openly,  have  been  contributive  to 
my  condemnation ;  but  singularly  and  especi- 
ally, I  forgive  my  capital  persecutor,  who  hath 
been  so  long  thirsting  after  my  blood  ;  from  my 
soul  I  forgive  him,  and  wish  his  soul  so  well, 
that  were  it  in  my  power,  I  would  seat  him  a 
seraphim  in  heaven,  and  I  pray  for  them  in  the 
language  of  glorious  St.  Stephen  the  protomar- 
tyr ;  Lord,  lay  not  this  sin  unto  them ;  or  bet- 


ter ye',  in  the  style  of  our  great  master,  Christ 
himself,  Father  forgive  them,  they  know  not 
what  they  do. 

And  with  reason  I  love  them  also ;  for  though 
they  have  done  themselves  a  vast  soul-preju- 
dice, yet  they  have  done  me  an  incomparable 
favour,  which  I  shall  eternally  acknowledge; 
bat  chiefly  I  love  them  for  his  sake,  who  said, 
Love  your  enemies;  and  in  testimony  of  my  love 
I  wish  them,  and  it  is  the  best  of  wishes,  from 
the  center  of  my  soul,  I  wish  them  a  good  eter- 
nity. O  eternity,  eternity  !  How  momentanean  - 
are  the  glorious  riches,  and  pleasures  of  this 
world  !  and  how  desirable  art  thou,  endless 
eternity  ! 

And  for  my  said  enemies  attaining  thereunto 
I  humbly  beseech  God  to  give  them  the  grate  of 
true  repentance,  before  ihey  and  this  world 
part. 

Next  to  my  enemies,  give  me  leav%<o  lift  up 
my  eyes,  hands,  and  heart  to  heaven,  and  drop 
some  few  words  of  advice   unto,  and  for  my 
friends,as  well  those  present  as  absent.  Friends, 
fear  God,  honour  your  king,'  be  Arm  in  your 
faith,  avoid  mortal  sin,  by  frequenting  the  sa- 
craments of  holy  church,  patiently  bear  your 
persecutions  and  afflictions,  forgive  your  ene- 
mies, your  sufferings  are  great ;  I  say  be  firm  in 
your  faith  to  the  end,  yea,  even  to  death,  then 
shall  ve  heap  unto  yourselves  celestial  trea- 
sures in  the  heavenly  Jerusalem,  where  no  thief 
robbeth,  no  moih  eateth,  and  no  rust  consum- 
eth  ;  and  have  that  blessed  saying  of  the  bless* 
ed  St.  Peter,  prince  of  the  apostles,  always  in 
your  memory,  which  I  heartily  recommend  unto 
you,  viz.  Let  none  of  you  suffer  as  a  murderer 
or  a  thief,  but  if  as  a  christian  let  him  not  be 
ashamed,  hut  glorify  God  in  his  name. 

Now  it  is  high  time  I  make  my  addresses  to 
heaven,  and  supplicate  the  divine  goodness  in 
rny  own  behalf,  by  sdme  few  short  and  cordial 
ejaculations  of  prayer. 

His  prayers  being  ended,  he  was  turned  off. 


S50.  The  Trial  of  Nathanael  Reaping,*  esq.  for  a  Trespass  and 

Misdemeanor:  31  Charles  II.  a.d.  1679. 

ON  Wednesday  the  16th  of  Apri|,  J679,  his 
majesty's  Commissioners  of  Oyer  and  Terminer 
did  meet  at  Westroinster*hall,  in  the  court  of 
KingVbench,  when  and  where  the  commission 
was  read  and  proclamation  for  attendance  be- 
ing made,  and  the  grand- jury  sworn,  sir  James 
Butler,  her  majesty's  Attorney  Gemeralra»ul 
chief  commissioner  that  then  appeared,  gave 
them-  their  Charge  thus : 
Gentlemen, 
His  majesty,  upon  the  Address  of  the  honour- 
able Honso  of  Commons,  hath  been  pleased  to 
give  order  for  this  commission  of  Oyer  and  Tcr- 


*  He  had  been  secretary  to  MassiniteHo,  at 
the  insurrection  at  Naples,  aboHt  thirty  years 
before.    His  name  occurs  at  p.  1 1  ;>5,  of  vol.  5. 


miner  that  hath  been  read,  to  issue  out ;  and 
the  court  thereby  hath  authority  to  inquire  of, 
hear  and  determine  several   other  offences  r 
yet,  at  this  present,  you  shall  bave  no  other  in 
charge  than  the  particular  offence  recited    in 
(he  Indictment  in  my  hand.    It  is  a  crime   of 
an  unusual  and  rare  nature:  the  indictment  is 
against  Nathanael  Reading;  it  sets   forth  the 
plot  against  the  king,  the  government  and  the 
i elision  established  here  by  law,  the  horrid  and 
pemicipus  misthiefs  and  consequences  of  it  r 
it  sets  forth  likewise,  that  several  persona,  (anol 
names  them)  as  Coleman,  Ireland  and  Grove, 
were  tried,  condemned,  and  executed  for  the 
same:    that  several  lords  in    the  Tower    do 
stand  impeached  in  parliament  of  the  said  high* 
treason,   and-  other  higli-ciimcs  and 


261]    STATE  TRIALS,  31  Charles  II.  1679.— /or  a  Trespass  and  Misdemeanor.  [263 


meanors ;    and   this   was  well  known   to  Mr. 
Reading,  and  that  notwithstanding  he  hath  so 
misbehaved  himself,  in  endeavouring  to  lessen 
and  stifle  (as  much  as  in  him  lay)  the  kind's  evi- 
dence, that  if  it  had  not  been  happily  prevented 
might  have  been  of  most  mischievous  conse- 
quence.      I  shall   not   take  upon  me  to  recite 
the  whole  indictment  to  you,,  being  very  long, 
and  not  seeu  or  perused  by  me  till  uuw ;  but 
you  shall  have  the  same  along  with  you,  it  shall 
be  read  to  voa.     Your  duty  is,  to  examine  and 
consider  or  the  evidence  to  be  offered  you,  on 
the  behalf  of  the  king,  for  the   proof  of  the 
charge   against   the  offender:    if  you  find  it 
amount  to  a  proof  of  what  is  laid  therein,  nay, 
I  most  tell  you,  if  you  have  but  probable  evi- 
dence, you  ought  to  find  the  bill,  because  your 
presentment  and  verdict  is  not  a  convicrion, 
but  in  the  nature  of  an  accusation,  in  order  to 
anng  the  prisoner  to  a  fair  trial :  and  if  you  do 
not  find  the  bill,  he  shall  neier  be  brought  to 
his  trial;  but  if  you  (having  probable  evidence) 
fcrtdit,  be  shall  receive  his  trial  I >y  the  petty 
jury ;  arid  upon  the  merits,  be  either  acquitted 
or  coaricted.     This  is  as  much  as  I  think  is  fit 
for  me  to  say  to  you  at  this  time,  upon  this  oc- 
casion.   You  mar  please  to  go  together,  and 
Uke  the  witnesses  along  with  you. 

[Then  the  Witnesses  were  sworn,  and  the 
Grand-Jury  withdrew,  and  after  the  space  of 
about  half  an  hoar,  returned,  finding  it  BHla- 
Vera.  After  which  the  court  adjourned  to 
Thursday,  the  24th  day  of  April,  at  eight  o'clock 
m  the  morning,  in  the  same  place.] 

On  which  day  the  Commissioners  here-under- 
named  being  met,  viz.  sir  Francis  North,  kt.  L. 
C.  Justice  of  his  majesty's  court  of  common- 
pleas,  William  Mountague,  esq.  L.  C.  Baron  of 
his  majesty's  court  of  exchequer,  sir  William 
Wylde,  kt.  and  bart,  one  of  his  majesty's  jus- 
tices of  the  king's- bench,  sir  Hugh  Wyndham, 
kt.  one  of  his  majesty's  justices  of  the  common- 
pleas,  sir  Robert  Atkins,  kt.  of  the  Bath,  ano- 
ther of  the  justices  of  the  common  pleas,  sir 
Edward  Thurland,  kt.  one  of  the  barons  of  the 
Exchequer,  Vere'  Bertie, .  esq.  another  of  the 
justices  of  the  common -pleas,  sir  Thomas  Jones 
kt.  another  of  the  justices  of  the  king's-bench, 
sir  Francis  Brampston,  kt.  another  of  the 
barons  of  the  exchequer,  sir  William  Dolben 
kt.  another  of  the  justices  of  the  king's-bench, 
sir  William  Jones,  kt.  bis  majesty's  Attorney 
General,  sir  James  Butler,  kt.  one  of  the  King's 
Council,  and  the  queen's  Attorney,  sir  Philip 
Mathews,  bart,  sir  Thomas  Orby,  kt.  and  bart, 
sir  Thomas  Bype,  kt.  sir  William  Bowles,  kt. 
sir  Thomas  Stringer,  serjeaut  at  law,  sir  Charles 
Pitfield,'  kt.  Thomas  Robinson,  Humphrey 
Wyrley,  Thomas  Haryot,  and  Richard  Gower, 
esquires. 

Proclamation  was  made  for  attendance,  and 
the  Grand  Inquest  being  called,  Sir  Francis 
North,  Lord  Chief  Justice  of  the  Common  Pleas, 
(the  Lord  Chief  Justice  being  out  of  town) 
spoke  to  them  thas : 


Lord  Chirf  Justice,  You  of  the  Grand  Jury, 
This  session  is  upon  a  particular  occasion,  and 
.that  which  lay  upon  you  was  to  find  the  bill,; 
and  that  you  have  dime,  and  we  do  not  see  any 
thing  further  for  you  to  do,  and  therefore  the 
court  discharges  you  from  any  further  attend* 

ance  this  session. 

« 

[Then  Mr.  Reading  was  sent  for,  and  brought 
to  the  bar  by  captain  Richardsou,  keeper  of 
Newgate;  and  silence  being  proclaimed,  live 
Clerk  of  the  Crown  read  the  Indictment  to  him.] 

CI.  of  the  Cr.  Mr.  Reading,  hearken  to  your 
Indictment. 

"  You  stand  indicted  by  the  name  of  Natha- 
nael  Reading,  late  of  the  parish  of  St.  Margaret, 
Westminster,  in  the  county  of  Middlesex,  esq.. 
That  whereas  Edward  Coleman,  William  Ire- 
land, and  John  Grove,  and  other  (unknown) 
false  traitors  against  our  most  serene  lord  kins; 
Charles  2,  the  24th  day  of  April,  iu  the  30th 
year  of  his  reign,  at  the  parish  of  St.  Margaret's. 
Westminster,  in  the  county  of  Middlesex,  had 
traitorously,  among  themselves,  conspired,  con* 
suited,  and  agreed,  our  said  most  serene  lord! 
the  king  to  bring  and  put  to  death  and  final  de* 
st ruction ;  and  to  move  war  against  him  our. 
lord  the  king,  within  this  realm  of  England,  ano^ 
the  religion  in  the  same  kingdom  rightly  and  by 
the  laws  of  the  same  realm  established  to  change 
and  alter  to  the  superstition  of  the  Romish 
church,  and  the  goverament  of  the  same  king-* 
dom  to  subvert;  fur  which  certain  most  wicked 
treasons,  and  traitorous  conspiracies,  consult** 
tions,  and  agreements  aforesaid,  they,  the  said 
Coleman,  Ireland,  and  Grove,  in  due  manner, 
and  according  to  the  laws  of  this  kingdom  of 
England  afterwards  were  attainted,  and  had 
therefore  undergone  the  pains  of  death:  and 
whereas  William  earl  of  Powis,  William  viscount 
Stafford,  John  lord  Bellasis,  Henry  lord  Arun- 
del of  Warder,  William  lord  Petre,  and  sir 
Henry  Tichburn,  bart.  the  30th  day  of  Novem-r 
ber  in  the  above  said  30th  year  of  the  reign  of 
our  said  lord  the  king,  at  the  said  parish  of  St* 
Margaret's  Westminster,  in  the  county  afore- 
said, were  of  the  aforesaid  treasons  in  a  lawful 
manner  accused,  and  thereupon,  according  to 
the  due  form  of  law,  to  the  Tower  of  London, 
(being  the  prison  of  our  said  lord  the  king)  were, 
committed,  there  safely  to  be  kept,  to  answer 
the  aforesaid  treasons,  whereof  the  same  Wil- 
liam earl  of  Powis,  William  viscount  Stafford,, 
John  lord  Bellasis,  Henry  lord  Arundel,  and! 
William  lord  Petre  in  parliament,  by  the  Com-* 
mons  in  the  same  parliament  assembled,  are  im- 
peached :  But  you  the  said  Nathanael  Readings 
the  aforesaid  premises  sufficiently  knowing,  and 
being  devilishly  affected  against  our  most  sen 
rene  lord  the  kiiig,  your  supreme  and  natural 
lord,  and  devising,  and  with  all  your  might  in* 
tending,  to  disturb  the  peace  and  common  tran- 
quillity of  this  realm,  and  the  government  of 
the  same  kingdom,  and  the  sincere  religion  of 
God  in  the  same,  rightly  and  by  the  laws  of  the 
said  realm  established,  at  your  will  and  pleasure 
to  change  and  alter ;  and  the  state  of  this  king- 


$63]      STATE  TRIALS,  31  Chakles  II.  1679.— Trial  of  Nathanael  Reading,      [2&4 


dom,  through  all  its  parts  well  instituted  and 
ordained,  wholly  to  subvert;  and  to  obstruct, 
hinder  and  stifle  the  discovery  of  the  said  trea- 
son, and  as  much  as  in  you  lay,  the  due  course 
of  law  in  that  part  to  shift  off,  aud  retard  ia  the 
prosecution  of  justice  against  the  said  William 
earl  of  Powis,  William  viscount  Stafford,  Wil- 
liam lord  Petre,  and  sir  Henry  Tichburn :  You, 
the  said  Nathanael  Reading,  the  29th  day  of 
March,  in  the  31st  year  of  our  said  lord  the 
king,  at  the  said  parish  of  St.  Margaret's  West- 
minster, in  the  coumy  aforesaid,  on  the  part  of 
the  aforesaid  William  earl  of  Powis,  William 
viscount  Stafford,  William  lord  Petre,  and  sir 
Henry  Tichburn,  falsely,  advisedly,  corruptly, 
and  against  the  duty  of  your  allegiance,  did  un- 
lawfully solicit,  suborn,  and  endeavour  to  per- 
suade, one  William  Bed  low,  (who,  on  the  29th 
day  of  March,  in  the  said  31st  year,  in  due 
manner  did  give  information  of  the  said  trea- 
sons ;  and  whom  you,  the  said  Reading,  the 
day  and  year  last  above  said,  did  well  know 
the  information  of  the  said  treasons  as  afore- 
said to  have  given,  on  the  part  of  our  lord  the 
king)  upon  the  trial  of  the  aforesaid  William 
earl  of  Powis,  William  viscount  Stafford,  Wil- 
liam lord  Petre,  and  sir  Henry  Tichburn,  for  the 
treasons  aforesaid,  to  be  had,  to  lessen  and 
stifle,  and  to  omit  to  give  in  evidence  the  full 
truth",  according  to  his  knowledge,  of  the  afore- 
said treasons,  against  them,  the  said  William 
earl  qf  Powis,  William  viscount  Stafford,  Wil- 
liam lord  Petre,  and  sir  Henry  Tichburn,  and 
to  give  such  evidence,  as  you,  the  said  Natha- 
nael Reading,  should  direct;  And  you,  the  said 
Nathanael  Reading,  sooner  and  more  effectually 
to  persuade  the  aforesaid  William  Bedlow  to 
lessen  and  stifle,  and  to  omit  to  give  in  evidence 
the  full  truth,  according  to  nis  knowledge, 
against  the  said  William  earl  of  Powis,  William 
viscount  Stafford,  William  lord  Petre,  and  sir 
Henry  Tichburn,  upon  their  trials,  and  to  give 
socji  evidence  as  you,  the  aforesaid  Nathanael 
Beading,  would  direct :  You,  the  said  Natha- 
nael Reading,  afterwards,  on  the  said  29th  day 
of  March,  in  the  31  st  year  abovesaid,  at  the 
aforesaid  parish  of  St.  Margaret's  Westminster, 
m  the,  said  county,  falsely,  advisedly,  corruptly, 
•od  against  the  duty  of  your  allegiance,  unJaw- 
ftlly  did  give  to  the  same  William  Bedlow,  fifty- 
six  pieces  of  coined  gold  of  this  kingdom,  called 
guineas :  and  also  falsely,  advisejily,  corruptly, 
nnlawfolly;  and  against  the  duty  of  your  alle- 
giance, the  day  and  year  abovesaid,  at  the 
•foresaid  parish  of  St.  Margaret's  Westminster, 
in  the  said  county  of  Middlesex,  did  promise  to 
the  said  Bedlow,  that  he,  the  said  Bedlow, 
within  a  certain  time,  by  you,  the  aforesaid  Na- 
thanael Reading,  to  the  said  Bedlow  proposed, 
should  have  and  receive  divers  other  great  sums 
of  money,  and  other  great  rewards,  for  lessen- 
ing and  stifling,  and  omitting  to  give  in  evidence 
the  full  truth,  according  to  his  knowledge,  of 
the  aforesaid  treasons  against  the  said  William 
earl  of  Powis,  William  viscount  Stafford,'  Wil- 
liam lord  Perre,  and  sir  Henry  Tichburn,  and 
far  giriog  such  evidence!  as  you,  the  said  Na- 


thanael Reading,  to  the  said  William  Bedlow 
should  direct,  to  the  great  hindrance,  obstruc- 
tion, and  suppression  of  justice,  in  manifest 
contempt  of  the  laws  of  this  realm,  to  the  evil 
and  pernicious  example  of  all  others  in  the  like 
case  offending;  and  against  the  peace  of  our 
lord  the  king,  his  crown  and  dignity,  osc." 

How  say  you,  Mr.  Reading,  art  thou  Guilty 
of  this  trespass  and  misdemeanor,  or  Not  Guilty  ? 

Reading.  Not  Guilty,  in,  thought,  word,  or 
deed. 

L.  C.  J.    Not  Guilty,  is  your  plea  ? 

Reading.    Yes,  my  lord. 

*CL  of  the  Cr.  drier,  make  proclamation. 
You  good  men  of  this  county  of  Middlesex, 
summoned  to  appear  here  this  day,  to  try  the 
issue  joined  between  our  sovereign  lord  the 
king,  and  Nathanael  Reading,  answer  to  your 
names,  and  save  your  issues. 

[Then  the  pannel  was  called  over,  and  Pro- 
clamation for  information  in  usual  form  waa 
made.] 

CL  of  the  Cr.  Mr.  Reading,  look  to  your 
challenges.  Will  your  lordship  please  to  have 
Sir  John  Cutler  to  he  foremau? 

L.  C.  J.  Yes. 

Reading.  My  Lord,  I  have  a  very  great  bo* 
nour  for  this  worthy  person,  Sir  John  Cut* 
ler ;  be  is  in  commission  of  the  peace,  I  do 
therefore  humbly  desire  he  may  he  excused  eft 
this  time. 

L.  C.  J.  Mr.  Reading,  you  cannot  challenge 
him  peremptorily  in  this  case,  it  not  being  for 
your  life ;  and  therefore  you  must  shew  cause 
if  you  have  any.  He  is  not  in  this  Commis- 
sion at  all ;  and  for  his  being  in  the  Commis- 
sion of  the  Peace,  that  signifies  nothing,  for 
we  oftentimes  in  the  circuits  take  them  off 
the  Bench  to  be  Jurymen  ;  but  if  you  can 
shew  any  cause  of  challenge,  it  must  be  al- 
lowed you. 

Reading.  My  Lord,  I  look  upon  "myself  in- 
dicted for  Treason  ;  (I  desire  God  to  give  ma 
strength,  and  I  am  sure  of  your  lordship's  pa- 
tience) and  I  look  upon  the  Indictment  which 
bath  been  read  to  me,  and  upon  which  I  have 
been  arraigned,  to  be  expressly  treason  ;  and 
I  do  humbly  pray  your  lordshTpV  judgment  ia 
it,  whether  it  be  so  or  not :  For,  my  Lord,  (it 
your  lordship  please)  if  it  be  so,  as  I  understand 
my  own  inuocency,  so  your  lordship  under- 
stands my  charge  better  than  I  do.  And  God 
knows  I  have  neither  strength  of  bodv,  nor 
presence  of  mind  to  manage  my  own  defence  $ 
but  my  happiness  is,  that  I  am  alive  at  this 
day,  and  am  to  be  tried  here  before  so  honoura- 
ble a  bench.  My  lord,  I  have  not  had  the  ad- 
vantage of  any  council  to  assist  me,  nor  t^e 
benefit  of  any  common  friend,  no,  not  my  wife 
to  come  to  me.  I  have  not  been  able  to  help 
myself  through  the  great  indisposition  which  X 
have  heen  under,  reduced  to  it  by  that 
barbarous  and  illegal  usage  which  I  have 
had :  For  (my  lord)  I  hope  I  may  say  I  ana 
the  first  Englishman  that  in  my  circumstan- 
oes  hath  ever  been  used  as  I  have  been  ; 


465}   STATE  TRIALS,  SIChakusII.  1679.— fa  a  Tnxpan  and  Misdemeanor.  [366 


and  my  hopes  are,  whatsoever  becomes  of 
me  (the  Lord's  will  be  done,)  I  shall  be  the 
last  that  ever  shall  be  so  used.  My  Lord,  upon 
the  weakness  of  my  own  apprehension,  I  do 
take  it,  that  it  is  as  high  treason,  nay  a  greater 
treason,  and  that  in  the  words  of  the  indict- 
ment, than  erer  Mr.  Coleman,  or  dny  of  the 
others  that  have  been  executed,  died  for  ;  or 
the  Lords  now  in  the  Tower  stand  charged 
with ;  and  therefore,  my  lord,  I  pray  your  di- 
rection in  it,  if  it  is  but  a  misdemeanor  (for 
truly  what  the  crime  is  I  fcnow  not ;)  but  in 
construction  of  law,  admitting  the  indictment 
tree,  the  whole  dees  contain  in.it  the  blackest 
treason  that  ever  villain  was  guilty  of.  If  it  is 
so  io  your  lordship's  judgment,  whatever  should 
become  of  it  now,  I  may  be  indicted  for  it 
again ;  and  should  this  indictment  be  found 
upon  me,  I  an  as  certainly  in  the  eye  of  the 
law  a  dead  man,  as  through  the  mercy  of  God 
1  an  now  alirc :  and  (my  lord)  if  it  be  so,  I 
deiire  your  lordship's  judgment  whether  I  may 
not  be  allowed  a  peremptory  challenge. 

L.  C.  J.  Mr.  Reading,  you  speak  in  due 
time,  for  its  pertinent  to  the  matter  of  peremp- 
tory challenge,  to  consider  whether  this  be  an 
imnennent  of  treason?  for  if  it  be,  the  law 
dues  allow  in  favour  of  your  life  a  peremptory 
challenge  to  such  a  number ;  and  I  will  tell 
you,  your  apprehensions  have  something  in 
them;  That  the  fact  as  it  is  laid  in  the  indict- 
ment, might  bave  been  laid  so  as  to  have  made 
an  indictment  of  treason ;  and  if  you  are  guilty 
•f  this  fact,  and  not  indicted  for  treason,  but 
only  for  a  misdemeanor,  it  is. favour  to  you,  and 
that  orHvhich  you  cannot  take  advantage  or 
complain  of.  VU  now.  shew  you  that  this  in- 
dictment is  not  an  indictment  of  treason,  nor 
can  the  judgment  of  treason  be  given  upon  you 
for  it ;  and  so  thereby  your  life  is  not  in  danger. 
First,  here  is  not  tbe  word  proditorie,  which  is 
necessarily  in  all  indictments  of  treason:  next 
too  must  observe  that  all  treasons  are  expressly 
particularized  in  the  statute  of  95  Ed.  3.  And 
!  nothing  is  treason  but  what  is  contained  in 
that  act,  as  compassing  the  death  of  the  king, 
levying  war  against  the  king,  ami  other  facts 
mentioned  in  that  statute.  Now  ifthis  fact  bad 
been  here  laid  as  an  overt-act  for  the  evidenc- 
ing of  the  imagination  of  your  heart  in  com- 
passing tbe  death  of  the  king,  and  the  destruc- 
tion of  the  realm,  there  it  had  been  an  indict- 
of  treason  :  but  being  there  is  no  treason 


formally,  laid,  nor  the  word  (Proditorie)  which 
is  necessary  in  all  indictments  of  treason,  'tis 
only  a  misdemeanor  you  stand  charged  with ; 
winch  I  must  tell  you  is  great  ease  and  favour 
to  yon  in  soch  circumstances  as  we  are  now ; 
tad  if  it  be  so,  you  must  shew  cause  if  you 
challenge  any  juror. 

Reading.  If  I  may  (with  your  lordship's  fa- 
vour) I  am  very  highly  disposed  for  the  taking 
of  tbe  least  favours  that  can  be  shewed  roe, 
with  the  deepest  acknowledgment  that  an  in- 
nocent mao  and  one  in  distress  can  make :  but 
(my  lord)  among  tbe  greatest  of  misfortunes, 
this  I  own  as  my  bappioess,  that  I  am  now  on 


my  trial  before  your  lordship.  Bnt  pray  (my 
lord)  may  not  i  (having  this  favour  shewed  to 
me,  and  should  it  be  only  fonnd  a  misdemea- 
nor) afterwards  be  indicted  for  treason  ?  And 
pray  (my  lord)  does  there  want  any  one  cir- 
cumstance of  the  formality  of  an  indictraeot 
for  treason  in  this  against  me,  but  that  one  of 
Proditorie? 

L.  C,  J.  No,  it  is  not  laid  that  you  did  com* 
pass  the  death  of  the  king. 

Reading,  Then  (with  your  lordship's  pardon) 
I  do  not  understand  it:  for  the  indictment 
does  set  forth,  *  That  Coleman  and  others  did 
conspire  the  death  of  the  king,  levying*  war, 
tbe  altering  of  religion  and  subversion  of  the 
government;  for  which  they  justly  suffered 
death/  And  further,  as  to  the  several  lords  in 
the  indictment  mentioned,  they  are  accused  for 
the  same  treason ;  '  And  justly,  and  according 
to  law  sent  to  the  Tower,  to  answer  what  they 
stand  justly  impeached  of  by  tbe  Commons  \f 
And  it  sets  forth  further;  that.  I  pr&vnissa  pr«- 
dicta  satis  sciens,  did  so  and  so :  were  there  no 
other  expression,  that  my  lord,  is  expres%ly> 
treason,  or  no  doubt  misprision  of  treason ;  for, 
my  lord,  it  does  charge  me  that  I  am  satis  sciens 
particularly,  sufficiently  well  apprized  of  those 
treasons  they  were-  executed  for,  these  accused. 
And  that  I  did  not  this  out  of  the  weakness  of 
my  own  apprehension,  but  falsly,  advisedly  and 
maliciously.  My  happiness  is,  I  shall  have 
your  great  judgments  to  determine  this  matter 
for  me. 

L.  C.  J.  Mr.  Readirg,  you  exercise  great 
elocution  and  eloquence ;  but  if  I  do  appre- 
hend you  aright,  what  you  say  is  this :  That  the- 
Indictment  sets  forth,  that -you  satis  sciens  of 
those  treasons  did  so  and  so,  which  will  amount 
to  a  misprision  of  Treason.  I  must  tell  you,, 
there  is  a  difference  between  tbe  knowledge  of 
a  treason  that  is  secret,  for  the  concealing  of. 
that,  and  endeavouring  to  stifle  the  evidence,  is 
misprision  of  treason;  but  the  knowing  of  v 
treason  that  is  revealed  and  discovered  is  know- 
ing no  more  thnn  all  tbe  world  knows;  and  not 
laid  as  a  fault,  but  to  aggravate  the  fault  after*- 
words  charged.  This  discourse  is  nothing  to 
tbe  matter;  if  you  would  have  our  opinion, 
whether  you  may  afterwards  be  questioned  for 
Treason,  it  is  that  we  are  not  to  give  you ;  an- 
swer the  Indictment  as  now  it  is:  Yon  have 
favour  enough  that  it  is  laid  this  way,  and  not 
the  other.  An  Indictment  of  Treason  or  Mis* 
prision  must  not  be  laid  so  as  that  the  crime 
must  be  collected  out  of  the  Matter  of  Fact 
only,  but  it  must  be  formally  laid.  .  How  you 
shall  be  prosecuted  hereafter,  must  depend 
upon  the  justice  of  the  kingdom.  We  sit  hero 
now  to  determine  upou  what  matter  lies  before 
us,  and  so  we  cannot  grant  you  a  peremptory 
challenge  in  this  case,  which  is  only  allowed  in 
matters  capital  in  favour  of  life. 

Reading.  My  lord,  I  do  desire  to  know  whe- ' 
ther  this  be  treason  or  no,  '  That  being  devil- 
ishly affected  to  the  king  my  supreme  and  na- 
tural lord,  and  intending  to  levy  war  in  the » 
kingdom,  and  to  change  the  government,  and 


1 


£67]      STATE  TRIALS,  S I  Charles  IL  IC79. — Trial  of  Nathcmatl  Reading,      [2GS 


to  alter  the  religion,  and  subvert  the  peace  of 
England  ;v  whether  that  be  not  treason  P 

L.  C.  J.  Mr.  Heading,  We  will  answer  none 
of  those  quest  ions :  But  this  I  will  say  to  you, 
no  judgment  of  treason  can  be  given  upon  you 
upon  this  indictment;  and  though  these  acts 
(if  formally  laid)  might  have  been  treason,  yet 
it  not  being  so,  we  must  proceed  as  it  lies  be- 
fore us:  And  therefore  jt  you  have  any  par- 
ticular cause  to  challenge  sir  John  Cutler,  shew 
it,  and  we  will  bear  you. 

Reading.  My  lord,  I  have  this  cause,  I  have 
been  but  a  little  fime  acquainted  with  this  wor- 
thy gtatteinan ;  but,  my  lord,  I  have  seen  him 
in  company  with  Mr.  Bedlow,  mine  accuser,  I 
know  there  is  not  a  common  intimacy  and 
friendship  between  them:  I  am  very  certain, 
my  lord,  that  sir  John  hath  too  much  honour 
to  do  me  wrong ;  but  I  do  humbly  desire  that 
he  may  have  his  ease,  and  be  excused  at  this 
time:  not  that  I  do  distrust  his  justice,  but  for 
the  reasons  I  have  humbly  offered. 

L.C.J.  Look  you,  Mr.  Reading,  your  ac- 
cusers are  witnesses  for  the  king,  and  are,  nei- 
ther to  gum  nor  lose  by  your  trial ;  and  there- 
fore cannot  be  presumed  to  make  any  party  for 
your  conviction.  And  do  you  challenge  a 
juryman  br  cause  he  is  supposed  to  know  some- 
thing of  the  matter?  For  that  reason  the  juries 
are  called  from  the  neighbourhood,  because 
thry  should  not  be  wholly  strangers  to  the  fact. 
If  you  can  shew  that  he  hath  already  given  his 
verdict  by  his  discourse,  and  tha:  you  are  al- 
ready condemned  in  his  opinion,  that  may  be 
some  cause  of  challenge;  but  that  he  hath  dis- 
coursed with  neighbours  as  others  do,  it  may 
be  he  btlieies  it, and  may  be  he  does  not  believe 
it,  he  is  now  to  give  his  verdict  upon  what  he 
hears  upon  oath. 

Rradiii".  My  lord,  I  am  very  glad  to  see  sir 
John  Cutler  here,  for  I  did  intend  to  have  his 
evidence  for  me. 

L.  C.  J.  That  you  may  have,  though  he  be 
tworn. 

Then  the  Jury  were  sworn,  and  their  names 
were  as  folio weth,  viz.  Sir  John  Cutler,  Joshua 
Galliard,  Edward  Wilford,  Thomas  Henslow, 
Thomas  Earsby,  John  Erie,  Thomas  Casse, 
Rains  ford  Waterhouse,  Matthew  Bateman, 
Walter  Moyle,  Richard  Paget,  and  John 
Huynes,  Esquires. 

L.  C.  J.  If  sir  John  Cutler  desires  pen,  ink 
and  paper,  or  any  other  convenience,  let  him 
bave  it. 

C4.  of  the  Cr.  Gentlemen  of  the  jury,  hearken 
to  the  indictment.  He  stands  indicted  by  the 
name  of  Nathanael  Reading 

L.  C.  J.  You  need  not  open  the  Indictment, 

let  the  counsel  do  that. 

_  » 

Then  Edward  Ward,  Esq.  being  of  Counsel 
for  the  King  in  this  Cause,  opened  the  Indict- 
ment 

May  it  please  your  lordship,  and  you  gentle- 
men of  this  jury,  Nathaniel  Reading,"  esq.  stands 
iddkte4  for  this  offence ;  That  whereas  Ed  ward 

7 


Coleman,  William  Ireland,  and  John  Grove, 
and  other  unknown  persons,  (traitors  against 
our  sovereign  lord  the  king)  the  24th  day  of 
April,  in  the  30th  year  of  the  king,  did  traitor- 
ously contrive  the  king's  death,  tbe  subversion 
of  the  government  of  the  kingdom,  and  the  re- 
ligion in  the  same  kingdom  by  law  established, 
to  alter  and  change  to  the  superstition  of  the 
Romish  Church ;  for  which  treasons  they  have 
been  in  due  manner  attainted  and  executed : 
And  it  farther  lays,  That  whereas  William  earl 
of  Powis,  William  lord  viscount  Stafford,  John 
lord  Bellasis,  Henry  lord  Arnndel  of  Wardour, 
William  lord  Petre,  and  sir  Henry  Titchburn, 
baronet,  wore  the  30th  of  November  last,  in  a 
lawful  manner,  accused  of  those  Treasons,  and 
for  them  committed  to  the  Tower ;  and  thereof 
the  said  Lords  were  and  stand  impeached  by 
the  Commons  in  parliament:   The  said  Mr, 
Reading  weM  knowing  of  these    things,  and 
being  devilishly  affected  to  the  king,  his  supreme 
and  natural  lord,  and  devising  to  disturb  the 
peace  of  the  kingdom,  and  the  government  and 
religion  thereof  rightly  established,  to  change 
und  alter :  the  state  of  tbe  kingdom  well  insti- 
tuted, to  subvert;  and  to  obstruct  and  sti6e  the 
discovery  of  these  treasons,  and  as  much  as  in 
him  lay  to  shift  off  and  retard  the  course  of 
law  and  prosccuti  >n  of  justice  against  the  said 
lord  Powis,  1.  -d  Stafford,  lord  Petre,  and  sir 
llenrv    Titchl    :n ;  the  said  Mr,  Reading,  the 
?9tn  •  ;*  Mar  ii   ia.t  past,  at  St.   Margaret's 
Wea.Tnns  tr.  •>:»   the   part  of  these  three  last 
mentioned  .'o<u^,  :i:..l  sir  Henry  Titchburn,  did 
fa.selv,  corrupt. y,  advisedly,  and  against  his  al- 
legiance, unlnwfuKy  solicit,  suborn,  and  endea- 
vour to  persuade  one  Mr.  William  Bedlow  (who 
before  had  given  information  of  these  Treasons 
against  the  said  persons,  and  whom  Mr.  Read* 
ing  knew  so  to  have  done)  to  lessen,  stifle,  and 
omit  to  give  in  evidence  the  full  truth  accord- 
ing to  his  knowledge  of  the  said  Treasons  against? 
the  said  three  lords,  and  sir  Henry  Titchburn, 
upon  their  trial  to  be  had,  and  to  give  men  evi- 
dence as  he  the  said  Mr.  Reading  should  direct  ;• 
and  to  that  purpose,  falsly,  corruptly,  advisedly, 
and  against  the  duty  of  his  allegiance,  unlaw- 
fully did  give  to  Mr.  Bedlow  56  guineas,  and 
promised  him,  that  within  a  certain  time  (by 
the  said  Reading  proposed)  hcshould  have  and 
receive  divers  other  great  sums  of  money  anri 
rewards,  for  lessening,  stifling,  nod  omitting  to 
give  in  evidence  the  full  truth,  according  to  his 
knowledge  of  those  treasons,  against  the  said 
three  Lords  and  sir  Henry  Titchburn ;  and  for 
giving  such  evidence  as  he  should  direct :  And 
this  is  laid  to  be  to  the  hinderance  and  suppres- 
sion of  justice,  in  manifest  contempt  of  the 
laws  of  this  realm,  to  the  evil  example  of  other* 
in  the  like  case  offending,  and  against    the 
peace  of  our  lord  the  king,  his  crown  and  dig- 
nity.   To  this  Indictment  Mr.  Reading  hath 
pleaded  Not  Guilty.    If  we  prove  the  offences 
aforesaid  against  him,  we  doubt  not  but  you  will' 
find  him  Guilty. 

Sir  Crested  Levinz  one  of  the  King's  Learn- 
ed Codnsel  in  the-Law,  thus  opened  tUe  charge. 


2G9]   STATE  TRIALS,  3 1  Charles  II.  \6:9.— for  a  Trapass  and  Misdsnu*uor.  [970 


May  it  please  jour  lordships,  and  you  gen- 
tlemen of  the  jury,  lam  of  counsel  for  the  king 
io  this  case :  gentlemen,  this  indictment  is  not 
an  indictment  of  high-treason,  nor  of  mispri- 
sion of  treason ;  and  truly  the  gentleman  at 
the  bar  hath  something  wond  e  rd  at  the  king's 
lenity  to  him ;  the  fact  in  the  indictment  does 
indeed  sound  of  another  nature,  tbarr  .what  it 
bears  the  name  of;  it  does  in  this  indictment 
carry  the   most  moderate  character  that  the 
fact  will  bear  :  it  is  only  an  indictment  of  tres- 
pass and  misdemeanor,  but  it  is  a  very  high 
misdemeanor;    it  is   to  stifle  the  king's  evi- 
dence, and  that  not  in  an  ordinary  case,    hut 
where  it  is  attended  with  the  greatest  aggrava- 
tions tbat  can  be  in   any  case  whatsoever.     If 
a  man  should  endeavour  to  stifle  -the  evidence 
hi  an  action  betwixt  party  and  party,  in  the 
courts  of  Westminster-hall,  for  a  business  of 
about  40s.  those  courts  of  justice  would  find  a 
ready  way  to  punish  him.    This  is  a  crime  of 
another  nature,  for  it  is  set  forth  in  the  indict- 
ment, that  Coleman,  Ireland,  and  Grove  had  a 
traitorous  design  in  hand,  for  the  which  they 
were  executed,  that  is,  the  Plot ;  and  when  I 
bare  said  that,  I  have  said  all,  that  implies  all ; 
ypo  all  know  what  was  thereby  designed.     It 
is  set  forth  in  the  indictment,  that  such  lords, 
and  s.t  Henry  Titchburn,  were  privy  to  the 
Vlot,  and  accused  for  it,  and   to  prevent  the 
evidence  to  be  given  against  these  lords,  three 
•f  tbetn,  (for  the  bargain  was  only  made  for 
three,  viz.  my  lord  Stafford,  my  lord  Powis, 
and  my  lord  Petre;  the  rest  were  nut  of  the 
bargain,  and  bad  not,  it  seems,  found  out  the 
way  of  commerce  now  used  by  these  persons; 
was  this  gentleman,  Mr.  Reading's  business. 
It  was  to  diminish  and  lessen  the  evidence  that 
was    to    be    given  against   them,    who    were 
charged  and  accused  to  be  as  highly  guilty  of 
Use    Plot  as  any   that  were  executed  for  it. 
And  when  I  have  told  you  this,  you  will  surely 
conclude  it  is  an   high  offence,  and  an  lii^h 
misdemeanor :  for  if  the  life  of  the  king,  if  the 
law  of  the  land,  if  the  religion  established,  if 
the  settled  government  be  valuable;    if  your 
own  lives,  your  own  liberties,  and  your  own 
fortunes,  have  any  consideration  with  you,  this 
is  a  very  high   misdemeanor;   for  you  must 
look  upon  these  as  all  at  stake :  this  plot,  as  it 
was  laid,  did  reach   to  all :  so  that  an  endea- 
vour to  conceal  the  evidence  that  should  dis- 
cover, and  thereby  prevent  the  execution  of  so 
horrid  a  conspiracy,   is  a  very  heinous  misde- 
meanor; and  you  will  easily  believe,  that  the 
gentleman  at  the  bar,  the  prisoner  whom  you 
ar*  to  try,  had  reason   to  doubt  within  himself, 
*■/  it  should   he   called  so  small  an  offence  as 
uhigh  misdemeanor:  but  I  will  not,  I  need 
aocaarmvafe  this  offence,  *nd  the  rather  he- 
-weThe  gentleman  that  stands  accused  for  it, 
fir         c  »«v*n   (for  which  I  am  sorrv)  which 
Vs  i»m  to  know  own  crime      j  w;ii  ^^ 
WINM   of    "»oor  tell  you  what  tbe  wi,_ 
Vn  the  tnden  «f »,   rB,ber  you  should  have 


fqrmed,  you  will  have  tbe  matter  fully  proved  ; 
and  therefore  we  wiij  call  the  witnesses,  an  j 
let  them  tell  you  what  it  is  they  have  to  say. 

Mr.  Ward.  There  are  some  things  laid  in 
this  indictment,  that  are  to  be  previously 
proved,  in  order  to  the  charging  of  the  pri- 
soner ;  as  tbe  execution  of  Coleman,  and  the 
rest;  and  the  impeachment  of  the  lords.  If 
Mr.  Reading  stands  upon  it,  we  have  those, 
here  that  will  prove  it. 

L.  C.  J.  Mr.  Reading,  those  public  pas- 
sages that  are  laid  in  the  preamble  of  the  In- 
dictment, do  you  insist  they  should  be  proved 
first? 

Reading.  My  lord,  I  am  very  willing  to  save 
your  lordship's  time. 

L.  C.  J.  Do  you  admit  that  Coleman  and 
Ireland,  &c.  were  executed  for  treason  ? 
Reading.    Yes,  my  lord,  and  very  justly. 
L.  C.  J.  Do  you  admit  that  the  lords  in  the 
Tower,  are  accused  and  impeached  in  parlia- 
ment for  this  Plot? 

Reading.  Yes,  my  lord,  I  do. 
X.  C.  J.    Then  you  ease  them  of  the  read- 
ingthose  records. 

Heading.  And,  my  lord,  I  do  further  say,  I 
.do  verily  believe  there  never  was  a  greater 
plot  laiof  in  hell  than  this.  I  have  abhorred  it 
in  my  thoughts,  and  have  not  only  endea- 
voured to  encourage  the  discovery,  but  always 
gave  it  as  my  counsel,  that  nothing  that  was 
true  should  be  left  out  in  the  evidence.  And 
I  do,  and  will,  save  your  lordship's  time  as 
much  I  can. 

Sir  O.  Levin z.  Then,  if  your  lordship 
please,  we  will  call  bur  witnesses,  and  prove 
the  fact;  and  if  there  be  any  tiring  that  Mr. 
Reading  doubts  of,  we  will  prove  it  afterwards. 
Swear  Mr.  Bedlow.     Which  was  done. 

Mr.  Ward,  Mr.  Bedlow,  I  shall  only  ask 
you  the  general  question.  Will  you  he  pleased 
to  tell  my  lords  and  the  jury,  what  you  know 
of  this  business?  tell  the  whole  story,  what 
discourse  and  bargainings  there  have  been  be- 
tween you  and  Mr.  Reading,  for  the  diminish- 
ing and  lessening  of  your  evidence. 

Bedlow.  My  lord,  Mr.  Reading  was  alto- 
gether a  stranger  to  me,  till  sir  Trevor  Wil- 
liams brought  me  acquainted  with  bim;  he 
was  always  very  just  to  me  in  whatsoever  he 
did  for  me,  and  wherein  he  was  employed  by 
me.  I  found  him  very  honest,  in  reference  to 
my  own  concerns.  And  though  Mr.  iteading 
will  bring  a  great  many  people,  perhaps,  that 
he  hath  pressed  me  to  discover  the  whole  of 
the  Plot;  I  do  confess,  he  did  it  in  a  very 
high  measure  in  all  public  company,  and  that 
I  would  not  be  baulked  in  any  point :  and  for 
the  discovery  and  convicting,  and  executing, 
of  those  that  had  died  about  this  Plot,  he 
never  denied  but  they  suffered  justly  and  law- 
fully enough;  but  in  private  counsels  where 
we  have  been  together,  lie  hath  spoken  to  me 
to  he  cautious,  indeed  he  hath  never  endea- 
voured to  have  me  stifle  the  whole  Plot,  hut 
only  for  some  particular  people  that  he  solicited 
for ;  not  but  that  he  believed  them  guilty,  as 


271]      STATE  TRIALS,  31  Charles  II.  1679— Trial  qfNaihanad  Reading     [278 


well  as  ihe  rest;  but  be  desired  me  that  I 
would  not  be  so  hot  against  them.  And  after 
he  had  made  me  easy,  (that  was  his  word  that 
he  himself  used)  he  would  have  had  roe  made 
Mr.  Dugdale  easy  too.  At  several  times,  when 
we  have  been  together,  his  very  expressions 
have  been  to  me,  Mr.  Bedlow,  Though  there 
has  been  so  damned  a  design  on  foot,  and  so 
terrible  a  one,  yet  it  is  not  for  your  safety  nor 
credit  to  run  at  the  whole  herd  of  men :  For  I 
was  this  day,  or  yesterday,  he  said,  with  my 
lord  chief  justice,  and  he  told  me,  That  at  this 
rate  that  Mr.  Bedlow  accuses  men,  none  are 
safe,  for  he  runs  at  the  whole  herd ;  and  seemed 
to  me  to  intimate,  that  my  lord  chief  justice 
was  not  pleased  with  my  forwardness.  And 
he  told  me  likewise,  You  gain  your  point 
with  the  parliament,  and  with  the  king,  and 
with  the  kingdom,  if  some  suffer,  as  I  believe 
you  can  do  it,  and  not  run  at  the  whole 
herd;  and  it  re  an  indifferent  thing  to  you, 
so  you  make  the  parliament  your  friend,  by 
proving  there  is  a  Plot,  and  the  king  your 
friend,  in  not  charging  all  these  lords,  and 
you  will  make  all  the  lords  your  friends,  by  your 
kindness  to  them.  You  shall  take  my  instruc- 
tions, I  will  never  advise  you  any  thing  that  is 
ill,  but  1  will  tell  you  bow  far  you  shall  pro- 
ceed. If  you  can  fix  any  thing  Tor  them,  you 
shall  be  sure  to  be  well  gratified. 

JL  C.  J.  Did  he  name  any  lords  to  you  ? 

Bedlow,  This  was  the  beginning  of  the  dis- 
course, my  lord;  and  I  answered  him,  Mr. 
Reading,  This  id  a  very  nice  point,  and  I  know 
them  to  be  guilty  of  all. the  things  I  charge 
them  with,  and  1  can  prove  it.  If  your  advice 
be  so,  I  will  consider  of  it.  I  think  it  was  after 
the  prorogation  of  the  last  parliament,  and  then 
my  encouragement  for  discovery  was  not  so 
great,-  But,  said  I,  if  any  of  them  deny  it  to 
you,  that  they  are  guilty,  then  they  must  expect 
no  kindness  from  me  at  all,  for  I  will  swear  all 
that  I  can  against  them ;.  but  if  they  acknow- 
ledge that  I  do  them  -a  piece  of  service  in  not 
swearing  too  severely  against  them,  then  I  will 
be  ready  to  take  your  advice  and  instructions. 
He  told  me  many  times,  that  sir  Henry  Titch- 
burn  did  think  he  had  seen  me  in  Paris,  but  he 
did  not  use  this  expression  to  me,  That  1 
charged  him  with  bringing  commissions  over 
from  Rome.  I  answered  again,  You  may  tell 
sir  Henry  Titchbum,  if  he  denies  any  thing  of 
the  fact  that  I  have  sworn, against  him,  he  does 
me  and  himself  a  great  injury.  And  to  take 
him  off  as  an  innocent  man,  I  cannot  do  it,  I 
will  never  do  it.  But  upon  acknowledgment,  I 
may  do  them  some  kindness  So  likewise  my 
lord  Powis  and  Caryll.  The  gentlemen  that 
he  most  solicited  for,  were,  my  lord  Powis,  my 
lord  Petre,  my  lord  Stafford,  sir  Henry  Titch- 
burn,  Mr.  Roper,  Mr.  Caryll,  and  one  Mr. 
Corker  a  Jesuit.  And  likewise  he  made  me 
easy,  upon  that  day  that  Mr.  Whitebread  and 
Mr.  Fen  wick  were  upon  their  trials/  for  I  have 
enough  against  them,  because  I  could  be  no 
stranger  to  Whitebread  and  Fenwick,  two  such 
considerable  men,  being  so  much  concerned  as 


I  was  in  their  affairs.    It  was  imponiblt  I 
should  be  so  much  a  stranger  to  them,  at  I  said 
I  was,  but  it  was  because  Mr.  Reading  bad  then 
made  me  easy,  and  I  intended  to  carry  on  the 
intrigue  with  him,  till  it  could  be  handsomely 
discovered.    But  my  lord  chief  justice  ssked 
me  whether  that  was  all  I  could  soj  ?  And  I 
told  him,  rav  lord,  I  liave  something  more  to 
say,  when  time  and  place  require  it,  sod  when 
I  can  be  safe  in  telling  it ;  that  is,  when  1  bad 
found  out  all  that  Mr.  Reading  intended  to  do, 
how  far  he  would  go,  and  then  I  thought  it 
would  be  a  proper  time,  when  I  could  make 
out  some  such  information  as  I  now  do;  but  I 
would  not  stifle  that  treaty  that  was  betweea 
him  and  me,  about  the  lords  in  the  Tower, 
which  I  knew  was  of  greater  consequence  than 
two  old  priests.    After  the  dissolution  of  the 
parliament,  he  told  me,    We  must  see  other 
times  and  other  changes,  and  that  the  lords  did 
not  think  themselves  in  so  much  danger  as  when, 
the  parliament  was  sitting.     But  at  several 
places,  the  Palsgrave-Head  Tavern,  and  others, 
we  have  had  -discourse  to  the  like  effect.    He 
would  very  ftequeutly  come  to  me,  and  talk 
with  me  about  it.    Now  I  asked  counsel  of  no 
man,  for  I  have  no  need  of  it  in  my  matter ; 
it  is  not  matter  of  law,  but  matter  of  fact,  that ' 
I  am  to  make  out,  therefore  I  had  no  need  of 
his  advice,  but  he  would  be  at  my  bed-side  very 
often  in  a  morning;  aud  before  I  was  dressed, 
and  then  we  used  to  discourse  together  about 
this  business,  and  the  manuer  and  form  bow  it 
should  be  done,  and  how  well  I  should  be  re- 
warded if  I  got  off  those  lords;  that  is,  my  lord 
Petre,  my  lord  Powis,  my  lord  Stafford,  and  air 
Henry  Tichburn ;  these  were  the  four  that  made 
the  promises :  but  Mr.  Readiug  solicited  for  the 
other  lords  too;    they  did  promise  a  noble 
reward,  but  I  could  never  settle  or  fix  what  it 
should  be,  but  I  should  have  acknowledgment! 
both  in  money  and  estate,  from  the  lords,  fot 
shortening  the  evidence,  and  bringing  them  of 
from  the  charge  of  high-treason.     We  bad  *e 
vera!  consultations  about  this.    The  Monder 
that  my  lord  Danby  was  sent  for  by  the  BLad 
Rod,  Mr.  Reading  came  to  me  in  the  Speaker' 
chamber,  and  told  me,  Mr.  Bedlow,  here  is 
great  turn,  my  lord  Treasurer  is  sent  for  by  tfa 
Black  Rod,  and   things  are  like  to   go  quit 
another  way.  Well,  said  I,  when  were  you  wit 
the  lords  in  the  Tower  ?  Said  he,  I  have  n< 
been  there  these  two  or  three  days,  but  said  h 
I  intend  to  go  to-morrow,  and  then  I  will  brii 
you  word  what  they  say.    And  the  nest   da 
or  the  day  following,  he  came  to  me,  and  to 
me,  that  the  lords  did  think,  that  I  was  in  s»re 
measure  capable  of  serving  them    now  ;  ai 
they  would  nave  an  account  of  what  I   cod 
say  against  them,  that  so  they  might    view 
and  correct  it.     Accordingly  he  did    go,   m 
appointed  to  meet  the  28th  of  March.   I   ot 
several  other  times  that  we  had  consultatio 
and  now  come  homeward  to  the   business. 
had  then  a  command  from  the  lords  to   snsp 
the  papers  of  the  Spanish  ambassador  a\t  W 
House,  and  I  could  not  m€ti  Mr.    &e*d 


2T$]   STATE  TUAI&  3 1  Ctuius  IL  1679,— f or  a  Trtqxm  and 


[274 


according  to  promise,  and  I  think  the  other 
witnesses  will  give  you  reasons  better  than  I. 
This  appointment  was   on  Friday  night ;  on 
Saturday  morning,  he,  having  missed  of  me  the 
night  before,  came  to  my  lodging,  where  I  had 
placed  Air.  Speke  and  my  man  ready  against 
(ecame.     None  of  all  these  conferences  did  I 
conceal,  bot  revealed  them   to  some  of  the 
members,  of  the  privy  council,  to  the  prince, 
and  to  my  lord  of  Essex.  As  soon  as  ever  I  had 
discoursed  with  Mr.  Reading  about  this  matter, 
I  did  write  it  in  the  very  words,  as  near  as  I 
conld,  and  gave  it  to  the  prince,  and  my  lord 
of  Essex,  and  I  think  your  lordships  are  very 
well  satisfied  that  the  prince  and  my  lord  knew 
it.    And.  I  cold  it  to  several  others,  as  coun- 
sellor Smith,  Mr.  Kirby,  and  several  others, 
who  I  was  certain  would  be  true  to  the  secret, 
learing  that  Mr.  Reading  had  laid  a  trap  to 
catch  me  with,  and  therefore  I  was  very  cau- 
ao«a,thaino  particular  of  consequence  should 
he  unknown  to  them.  Indeed,  my  lord,  I  was 
wry  sotry  to  see  Mr.  Reading  should  do  so,  for 
I  bad  a  very  great,  respect  for  him ;  and  he  did 
ase  to  give  me  public  advice  in  general,  for 
the  discvvery  of  the  Plot ;  only  for  some  parti- 
cular people  he  did  solicit  me  that  I  would  be 
a  Bttk  easy,  those  be  did  solicit  for.    Upon  the 
S9th  of  March,  which  was  Saturday  morning, 
vhea  he  came  into  the  room,  he  asked  me,  is 
there  nobody  here  can  overhear  us?  J  told 
kirn,  no,  there  was  not.    Now  I  had  planted 
thai  gentleman,  Mr.  Speke,  behind  my  hang- 
ings, smd  made  an  hollow  place  in  my  bed,  and 
therein  laid  my  man,  and  covered  him  with  the 
rag  so  smooth,  that  it  did  appear  as  if  it  were 
bat  newly  made,  and  he  could  not  perceive 
(here   was  any  body  there ;  he  would  have 
spoke  to  me  in  the  dining-room,  but  I  excused 
it,  telling  bkn,  That  madam  Greves,  who  lay 
in  the  next  room,  had  ot er-heard"  several  dis- 
courses that  I  had  with  some  persons  there, 
and  therefore  k  would  not  be  safe,  but  he  had 
better  go  into  my  chamber  (not  that  she  could 
hear  through  the  wail,  but  it  was  to  bring  him 
into  nay  chamber) ;  he  commended  my  caution, 
and  came  in  with  me  thither;. and  bis  first 
word,  as  I  said,  was,  is  there  nobody  that  can 
over-hear  r^No,  said   I,  it  is  my  concern  to 
look  to  rbat,  that  all  be  private :  but,  said  I, 
what  say  the  lords  in  the  Tower  ?  What  says 
my  lord  Stafford,  what  do  they  intend  to  do?  I 
Bias? know  speedily,  for  I  am  to  give  in  my 
Jamtmauon  to  the  Secret  Committee  of  what 
I  can  say  against  them  this  night.    And  I  can 
slay  no  longer,  but  must  have  their  final  an- 
swer, that  I  may  know  what  to  say  when  I 
came  to  the  Secret  Committee,    Saith  he,  I 
will  go  and  get  their  final  answer,  but  pray  pat 
it  off  till  Wednesday,  if  you  can.  Saith  I,  I 
cannot  do  that,  put  it  off  so  long,  but  I  will 
do  what  I  can  to  put  it  off  till  Monday.    Well, 
said  he,  on  Monday  you  shall  be  sure  to  hear 
from  me  then,  and  I  will  have  all  thing!  ready, 
as  to  what  you  have  to  say,  and  you  shall  have 
it  from  me.  Accordingly  I  did  stay  till  Monday, 
hat  the  Cc^uakseeof  Secrecy  knew  kail  this 

TOL.  VII. 


time ;  and  when  I  met  him  on  Monday,  I  had 
ordered  the  witnesses  that  were  by  to  over-hear 
us,  to  be  present  at  the  delivery  of. the  paper 5 
accordingly  they  were  there,  and  Mr.  Reading 
did  bring  it  in  his  own  hand-writing. 

Kendtng.  What  room  was  it  yoa  were  in, 
pray,  Sir  ? 

Bedlotv.  In  the  Painted- chamber.  And  as 
be  gave  me  the  paper,  pretending  to  put  me 
hand  in  my  pocket,  I  clapped  it  with  my  hand 
privately  behind  me  thus,  and  Mr.  Speke  took 
it  out  of  my  hand,  and  he  and  tny  man  went 
into  my  lord  Privy-Seal's  chamber,  and  there 
they  read  it,  and  had  it  three  hours  before  I 
ever  saw  it.  Well,  said  I,  what  n  ill  the  lords 
do  ?  Why,  saith  he,  though  I  have  not  a  full 
answer  as  to  what  they  will  do,  yet  you  may 
expect  a  noble  reward  ;  and  I  have  order  to 
draw  up  blank  deeds. 

Reading.  Who  did  yoa  give  that  paper  to* 
Sir? 

Bedlow.  To  Mr.  Speke;  the  rest  will  justify 
it,  it  is  your  owa  hand-writing.  But  saith 
he,  I  have  order  to  draw  blank  deeds  to  be 
signed  in  ten  days  after  their  discharge.    And 

5ou  may  be  sure  that  they  shall  be  signed* 
£r.  Reading,  said  1,  this  is  but  a  verbal  pro* 
mise,  and  they  may  perhaps  hereafter  charge 
me,  for  all  my  bringing  them  off,  and  do  me  a 
great  deal  of  injury.  That  cannot  be,  saith 
he,  my  soul  and  my  life  for  it,  I  have  taken 
their  words,  and,  if  there  be  any  faith,  honour 
and  conscience  in  men,  it  shall  be  done :  I 
dare  answer  for  them.  And,  Mr.  Bedlow, 
your  safety  doth  most  consist  in  it;  for  as  they 
must  never  be  false  with  ypu,  so  they  must 
never  be  at  enmity  with  you ;  for  at  last,  if 
you  charge  them  with  corrupting  of  you,  yoa 
will  be  able  to  ruin  them,  and  it  will  not  look 
ill  upon  you,  so  much  as  upon  them.  Bet,  take 
my  word  for  it,  you  shall  have  a  noMe  and 
worthy  acknowledgment.  I  have  authority  to 
draw  blank  deeds,  both  for  smns  and  estates, 
which  they  will  settle  upon  you,  and  likewise 
a  speedy  supply  of  money,  as  soon  as  tbey  caa 
get  it  in ;  for  my  lord  Stafford  said,  he  is  now 
cutting  down  wood  and  selling  it,  and  when  he 
bath  raised  the  money,  you  shall  have  it ;  but 
he  protests,  at  present  he  hath  not  now  money 
to  defray  the  charges  of  his  family ;  but  I  have 
order  at  any  time  to  give  you  what  you  need 
for  present  occasions.  And  indeed  accord- 
ingly 1  have  had  a  great  deal  of  money  from, 
him,  several  guineas.  1  had  all  I  asked  for, 
and  many  times  gold  I  did  not  ask  far ;  upoa 
what  terms,  other  witnesses  will  prove  better 
than  I  hereafter.  When  we  bad  done,  said  be, 
let  me  see  what  papers  you  have,  the  copy  of 
what  you  have  accused  the  eueen  about,'  and 
the  lords,  thai  I  'may  carry  them  to  the  lords, 
and  have  their  answer.  Said  I,  they  are  at  my 
mother's.  I  must  needs  have  them,  said  he. 
So,  that  I  might  give  the  witnesses  leave  to ' 
come  out,  I  went  with  him  to  my  mother's 
lodgings,  and  pretended  to  look  for  them,  but 
found  them  not,  for  none  but  the  Secret  Com- 
mittee knoves  what  is  in  them.    But  when  I 

T 


975]       STATE  TRIALS,  31  Chaelbs  IL  1670.— Trial  of  Nathanad  Reading,      [370 


had  looked  over  my  papers,  said  I,  my  brother, 
perhaps,  hath  got  them  away  with  him,  I  will 
go  back  to  my  lodgings  and  see.  Oh  !  said  he, 
you  should  make  sure  of  such  copies  as  you 
have,  in  some  friend's  hands,  to  secure  them  as 
well  as  the  original.  I  told  him,  I  sboold  be 
sure  of  them  at  night ;  so  he  was  satisfied  : 
though  I  never  intended  he  should  have  them, 
because  there  was  business  of  so  great  conse- 
quence in  them.  When  we  came  back  again, 
we  found  Mr.  Speke  and  my  man  in  the  cham- 
ber, writing.  I  asked  Mr.  Speke  how  long  they 
had  been  there  ?  He  told  me,  as  soon  as  I  went 
out.  Then  said  I  td  Mr.  Speke,  pray  withdraw, 
for  now  I  am  to  have  Mr.  Reading's  instruc- 
tions ;  if  you  will  go  before  by  water,  I  will 
meet  you  at  Westminster  by  and  by.  Then  I 
locked  up  the  street  door,  and  came  back  to 
Mr.  Reading,  and  then  to  work  we  fell  to  write 
out  those  things  that  he  and  I  did  conclude 
upon. 

Reading.  You  say  that  you  and  J.  were  then 
alone,  and  your  man  gone  away. 

Bedlow.'  I  said,  that  then  you  and  I  con- 
cluded upon  what  I  should  say,  and  what  I 
should  pitch  upon  they  were  to  correct,  accord- 
ing to  what  they  thought  would  most  conduce 
to  their  own  safety.  And  when  there  were  any 
words  that  seemed  to  urge  any  thing  home  upon 
them,  then  he  would  tell  me  what  was  law,  and 
that,  perhaps,  would  reach  them,  and  then  al- 
tered it.  And  the  Monday  after  brought  a 
copy  to  me,  of  his  own  hand-writing,  far  from 
the  words  that  were  set  down  in  the  paper  that 
he  and  I  concluded  of  together,  and  delivered 
it  to  me  privately,  and  I  delivered  it  to  this  gen- 
tleman, carrying  it  behind  me  thus,  and  he 
came  after  me  and  took  it  from  me. 

Sir  C.  Levins.  Mr.  Bedlow,  this,  you  say, 
was  for  the  shortening  of  the  evidence;  how 
was  it«to  be  shortened  ? 

Bedlow.  To  take  off  the  whole  charge  of  guilt, 
that  I  had  sworn  against  them: 

Sir  C.  Levinz.  Did  that,  which  you  agreed 
upon  to  shorten,  take  off  from  the  treason  ? 

Bedlow.  That  which  the  witnesses  had  in 
writing  did  take  off  the  charge  of  treason 
wholly. 

Sir  C.  Levins.  Was  it  less  than  the  infor- 
mation you  had  giveu  in  against  them  ? 

Bedlow.  I  told  him,  that  it  was  not  delivered 
into  the  Secret  Committee,  but  indeed  I  had  a 
great  while  before 

X.  C.  J.  I  will  tell  you.  what  I  apprehend  he 
did  say ;  if  I  mistake,  he  will  set  it  right.  He 
•aith,  When  he  came  back  with  Mr.  Reading, 
he  found  Mr.  Speke  and  his  man  in  the  cham- 
ber together ;  be  asked  Mr.  Speke  how  long  he 
had  been  there,  and  how  chanced  be  was  up  so 
soon  ?  Mr.  Speke  said  to  him,  I  have  been  here 
ever  since  you  went  away.  That,  upon  Mr. 
Bedlow's  desire,  he  went  away  before  him  to 
Westminster,  and  they  went  together  to  con- 
oult,  and  great  care  was  used,  that  they  might 
Jiot  be  hindered  or  surprized.  Then  Mr.  Bed- 
low  was  to  pen  his  testimony,  and  it  was  to  be 
carried  to  the.  lords  in  the  Tower,  and  they 


were  to  consider  how  to  have  it  minced,  that 
they  might  be  oat  of  danger.  And  Mr.  Read- 
ing understanding  the  law,  whenever  Mr.  BecP- 
low  spoke  plainr  or  dictated  anything  that 
would  come  home  to  them,  would  tell  him  of 
it,  and  that  Mr.  Bedlow  might  correct  ami 
mitigate  it  himself.  I  understand  you  so.  Mr« 
Bedlow. 

Bedlow.  Yes,  my  lord,  k  was  so.  And  that 
paper,  which  he  brought  me  back,  was  tei> 
times  shorter  than  that  he  had  of  mine,  which- 
was  forty  times  shorter  than  what  I  bad  given 
in  to  the  Secret  Committee. 

Mr.  Ward.  Mr.  Bedlow  liath  faUv  proved 
the  discourse  and  bargain  between  him  and 
Mr.  Reading,  for  the  lessening  of  his  evidence. 

Bedlow.  All  Mr.  Reading's  words  were,  that 
I  would  so  shorten  and  lessen  the  charge  against 
them,  that  they  might  come  off, 

JL  C.  J.  Mr.  Reading,  if  vou  have  a  mind 
to  it,  you  have  liberty  to  ask  him  any  ques- 
tions. 

Reading.  My  lord,  I  bombiy  desire  I  may 
do  it,  when  the  evidence  for  the  king  is  mil 
given. 

X.  C.  J.  It  is  most  proper  to  do  it  now. 

Reading.  With  your  lordship's  favour,  I 
have  this  reason  for  it,  I  do  desire  that  the  wit- 
nesses may  be  examined  apart. 

Justice  Wild.  Mr.  Bedlow,  pray  let  me  ask 
you  one  question.  I  am  upon  the  indictment, 
for  the  jury  is  charged  upon  that,  and  we  roust 
judge  upon  that,  Was  the  agreement  between> 
you  and  him,  that  yoa  should  swear  what  ha 
should  direct  you  ? 

Bedlow.  It  was,  to  what  he  and  the  lord* 
would  direct. 

Justice  Wild.  Did  the  lords  correct  your 
paper? 

Bedlow.  As  he  aaid,  they  have  done  it. 

Justice  Wild.  Did  he  acknowledge  it  r 

Bedlow.  Yes,  he  did. 

X.  C.  J.  Mr.  Bedlow,  I  don't  understand  that 
you  were  to  have  any  conference  with  the*, 
lords,  but  you  were  to  be  shy  of  that,  lest  it 
should  be  discovered,  but  what  conference  yot» 
were  to  have  was  with  Mr.  Reading. " 

Bedlow.  Yes,  my  Lord,  and  he  was  to  give 
me  an  account  what  they  would  have  me  say. 

Justice  Jouee.  Shew  him  the  paper,  I  suppose 
be  will  own  his  own  hand. 

X.  C.  J.  Is  that  your  hand,  Sir  ? 

Reading.  My  Lord,  jhis  is  my  hand,  and  this 
is  that  paper  that  I  did  deliver  to  Mr.  Bedlovr 
before  Mr.  Speke  in  the  PaintenVChamber. 

Ward.  We  desire  it  may  be  read,  if  your 
lordship  think  fit. 

Justice  Atkins.  Methinks  it  should  be  ma* 
terial  to  read  the  paper  that  he  gave  to  Reading 
first. 

X.  C.  J.  Have  you  it  here,  Mr.  Bedlow? 

Bedlow.  No ;  he  carried  that  paper  to  Use 
lords,  and  brought  me  this  again. 

X.  C.  J.  But  had  you'  never  that  other  paper 
again? 

Bedlow.  No,  I  had  not. 

X.  Cr  J.  Did  you  ever  take  a  copy  of  it  ? 

r 


£77]  STATE  TRIALS,  31  Chailbs  EL  i679.-^br  a  Trespass  and  Misdemeanor.    [278 

Reading,  No,  My  Lord,  but  by  my  pwn  io- 
treajy. 


Bedlam.  No,  I  did  not.  Bat  this  is  that  cor- 
rected paper  that  I  was  to  giv e  io  to  the  secret 
committee,  and  corrected  by  the  Lords. 

Sir  C.  Levins.  We  do  prove  it  in  fact,  that 
be  had  before  erven  farther  evidence,  and  by 
this  agreement  he  did  contract  to  give  less. 

L.  C.J.  Mr.  Beading,  what  do  you  say  to 
Mr.  Bedlow* 

Reading.  My  Lord,  if  I  have  your  lordship's 
direction  that  I  may  not  examine  my  witnesses 
apart,  I'll  go  on. 

L.  C.  J.  Bat  what  say  you  to  the  paper  ? 

Reading.  I  do  own  the  paper  that  was  shewn 
tome,  is  my  hand,  and  that  I  delivered  it  to 
Mr.  Bedlow. 

L.  C.  J.  Then* it  must  be  read. 

Sir  C  Leumz.  My  Lord,  we  don't  desire  it 
should  be  read,  for  we  cannot  shew  the  former 
paper,  that  did  contain  more ;  and  therefore 
what  wOl  the  reading  of -the  latter^  which  con* 
Cains  less,  signify  ? 

L.C.J.  If  you  do  ntf  desire  to  have  it  reed, 
we  won't  vend  it. 

Sir  C  levin*.  Mr.  Bedlow's  evidence  is,  that 

Chens  was  a  paper  much  more  huge  than  this, 

and  yet  both  those  short  of  the  information  he 

had  given  in ;  now  what  will  the  reading  of  the 

4me  signify*  without  the  other  ? 

L.C.  J.  Da  you  consent  to  the  reading  of  it  ? 

Mending.  My  Lord,  I  would  save  your  time, 
and  make  it  plain. 

L.  C  J.  Mr.  Reading,  You  must  not  come  to 
make  your  defence  yet,  till  the  king's  evidence 


Reading.  -My  Lord,  I  doit  to  open  his  evi- 
dence, and  for  your  information.  My  Lord, 
Mr.  Bedlow  charge/  me,  that  I  did  write  in  his 
chamber,  when  his  man  and  Mr.  Speke  were 
gone,  a  paper  that  was  much  larger  than  the 
paper  your  lordships  have  before  you;  he  does 
amy  that  be  did  desire  me  to  go  with  that  to  the 
lords,  and  that  they  did  correct  it  in  several 
places,  and  being  so  corrected,  I  did  bring  him 
this  paper  back;  and  delivered  it  tohunin 
the  Painted-chamber,  before  Mr.  Speke.  My 
Lord,  I  do  pray  your  lordship's  favour  in  it; 
when  I  bad  the  king's  directions  for  giving  in  to 
the  secret  committee  what  information  I  had 
to  give,  I  did  deliver  it  into  the  chamber,  where 
were  Mr.  Sacbeverell  and  others,  that  very 
paper,  which  was  written  at  his  chamber.  My 
Lard,  I  have  sent  to  him  several  times,  chat  he 
would  deliver  that  to  me  in  order  to  my  own 
justification  at  my  trial.  »  I  did  desire  likewise 
that  some  other  papers  which  I  did  receive 
from  Mr.  Bedlow  under  his  own  band,  and  which 
would  be  very  material  to  my  defence,  might 
be  brought  to  me,  but  I  have  not  had  the  favour 
of  an  answer  from  Mr.  Sacheverell,  to  this  very 
hoar.  I  do  humbly  desire  that  he  may  be  sent 
to,  for  the  delivery  of  them. 

L.  C.  J.  1  do  not  know  how  we  can  send 
for  them,  if  the  committee  will  not  deliver  them. 

Reading.  Will  your  lordship  give  me  leave  to 
send  to  him? 

X.  C.  /.  But  not  by  our  direction,  to  bring 
(hen  as  by  our  command. 


L.  C.  J.  Do  what  you  will,  as  from  yourself. 
Mr.  Reading,  your  wife  was  with  me  yesterday, 
and  said,  you  could  not  get  Subpoena  s  for  your 
witnesses ;  and  I  sent  for  the  clerk  about  it, 
and  he  told  me,  there  never  was  any  Subpoena's 
denied  you,  but  you  might  have  had  them  at 
any  time.  But  what  say  you  to  this  paper, 
you  of  the  king's  counsel? 

SirC.  Levins.  My  Lord,  we  do  not  desire  to 
have  it  read  without  the  other. 

L.  C.  J.  Look  you  here,  this  paper  must  be 
read,  for  we  would  see  whether  there  was  a 
paper  under  your  hand,  expressing  what  evi- 
dence Mr,  Bedlow  was  to  give  in  this  matter, 
and  whether  you  did  one  way  or  other  put  any 
thing  in  writing  which  he  should  swear,  to  lessen 
his  evidence.  As  for  the  other  matter  of  tarn* 
paring,  we  shall  bear  from  others  concerning 
it ;  but  let  us  have  this  read,  not  for  comparing 
it  with  die  other  paper,  to  shew  the  testimony 
is  less  in  this  than  in  the  other,  but  as  an  evi- 
dence of  the  fact  in  itself;  for  we  will  expect 
a  good  account  from  you  Mr.  Reading,  what 
you  had  to  do  to  prescribe  him  bis  evidence  in 
writing ;  therefore  pray  read  the  paper. 

Then  the  Paper  was  read,  in  h*c  verba : 

\  Lord  Stafford. 

On  discovery  of  the  plot  to  me,  I  asked  Har- 
court  and  Le  Faire  l*w  things  were  to  be  mana- 
ged, they  told  me  that  his  lordship  was  to  be  trea- 
surer, and  be,  and  Ireland,  and  Coleman,  had 
money  to  defray  all  charges;  I  then  said  I  never 
heard  that  his  lordship  was  engaged  before ; ' 
they  said  be  had  not  been  long  concerned,  nor 
was  he  acquainted  with  the  affair  much ;  but 
that  the  money  which  was  lodged  with  him  was 
to  be  disposed  of  by  him  for  the  use  of  the 
church  and  the  Catholics,  and  they  had  bound 
his  lordship  up  by  sacraments  not  to  discover 
what  the  money  lodged  with  him  was  to  do  till 
the  time  of  using  it,  and  then  his  lordship  should 
know  what  great  trust  he  had  upon  him  for 
them;  and  till  things  were  ripe  he  was  not  to 
be  acquainted  with  the  depth  of  the  plot,  for. 
they  knew  he  would  never  consent  to  the  king's 
death  till  it  was  done.  His  lordship  always 
promised  to  be  ready  to  serve  the  church  with' 
Lis  life  and  fortune. 

Lord  Powis. 

That  the  Lady  Abbess  of  Panthoie  told  me, 
That  his  lordship  had  sent  his  daughters  over  to 
be  educated  in  the  monastery,  but  that  his  lord- 
ship's Lady  had  declared  to  her  by  letter,  that 
she  meant  them  as  pledges  according  to  her 
promise,  to  assure  her  that  her  Lord  was  real 
to  carry  on  what  he  had  promised  concerning 
the  introducing  the  Roman  Catholic  Religion 
into  England.  I  brought  over  a  letter  from  the 
Monks  in  Paris  directed  to  his  lordship,  with  seve- 
ral other  letters  to  other  popish  gentlemen,  tend* 
ing  to  the  death  of  the  king,  and  subverting  of  the 
government ;  but  what  was  in  that  letter  to  h« 


479]       STATfe  TRIALS,  31  Chahles  II.  1B79.— 7WaZ  qfNathanad  Reading,      [28G 

lordship  I  know  not,,  for  that  I  did  not  open  it, 
as  I  had  done  the  others,  it  being  directed  to  a 
peer;  but  I  believe  it  might  be  to  the  same 
effect,  the  Monks  having  informed  me  so  at  the 
delivering  them  to  me ;  set eral  other  letters  to 
the  same  effect  (as  the  priests  told  me)  I  saw  in 
the  priests  hands,  directed  to  his  lordship ;  but 
I  never  didjread  any  of  them,  nor  can  I  say  that 
bis  lordship  ever  received  any  of  them,  but  I  saw 
them  put  into  the  post-house  to  send  forwards, 
and  I  never  saw  his  lordship  at  any  consultation, 
neither  did  I  ever  hear  his  lordship  named  at 
any  consultation  where  the  killing  of  the  king 
was  mentioned  or  debated  of :  but  I  verily  be- 
lieve that  his  lordship  was  acquainted  with  the 
design  of  introducing  popery,  for  that  the  lady 
Abbess  and  the  Priests  have  several  times  told 
me  so,  or  to  that  effect. 

. » 

Lord  Petre. 


Mr.  Tyrrel  a  Priest,  and  Madam  Thirablehy 
bis  lordship's  sister  told  me,  that  Mr.Thimbleby 
was  gone  to  my  Lord  Petre's  house  to  consult 
with  bim  how  to  proceed  in  the  managing  of 
their  business.  Mr.  Tbimbleby  having  received 
letters  from  beyond  sea  in  order  to  the  intro- 
ducing the  Roman  Catholic  Religion  into  Eng- 
land,, and  that  his  lordship  would  not  in  any  sort 
be  persuaded  to  bring  it  in  by  force,  but  rather 
by  policy ;  and  though  his  lordship  had  truly  en- 
gaged himself  never  to  quit  the  design,  yet  she 
Was  sure  he  would  not  do  it  by  foul  means.  I 
told  her  at  her  husband's  ftouse  at  Ernly,  that 
where  a  design  was  to  be  carried  on  for  so  ge- 
neral a  good,  no  particular  way  was  to  be  pitched 
upon,  but  any  thing,  and  all  means  was  to  be 
used  to»bring  it  to  pass,  rather  than  lose  the  de- 
sign :  to  which  she  replied,  that  she  believed 
and  approved  the  same,  but  that  she  well  knew 
his  lordship's  mind,  that  he  would  never  agree 
to  do  it  by  force ;  but  as  he  would  not  hinder 
it,  should  it  go  on  by  force,  so  he  would  further 
k  by  any  other  means  whatsoever. 

X.  C.  J.  Here  is  an  evidence  indeed,  but  so 
ininced,  that  it  would  have  .signified  nothing  as 
to  the  charge  against  them. 

Bedlow.  In  the  information  that  I  gave  in  to 
the  secret  committee,  there  is  ten  sheets  of 
paper  in  every  evidence  against  every  lord. 

X.  C.  J.  Now  go  to  the  other  witnesses. 

Ward.  Pray  swear  Mr.  Speke.  Which  was 
done. 

Ward.  Come,  Mr.  Speke,  declare  your  evi- 
dence, and  pray  come  over  on  this  side. 

£.  C.  J.  I  would  have  him  stand  on  the 
Other  side,  because  Mr.  Heading  desires  to  exa- 
mine them  apart 

Speke.  My  lords,  and  you  gentlemen  of  the 
jury,  I  should  have  been  very  loth  and  unwil- 
ling ^o  have  made  myself  so  public  as  to  have 
appeared  here  as  a  witness  against  Mr.  Read- 
ing the  prisoner  at  the  bar,  upon  any  other  ac- 
count than  this  :  hut  at  such  a  time  as  this,  and 
in  such  an  intrigue  as  this  was,  in  which  both 
the  king  and  kingdom  was  concerned,  I  thought 
ihy self  bound  both  in  duty  and  allegiance  to 
appear  in  what  I  have  done  and  to  testify  the 


truth  of  what  I  know,  for  the  preservation  and 
defence  of  both  ;•  and  therefore  shall  declare  to 
you  the  treaty  that  was  in  my  hearing  the  29th. 
of  March  law,  between  Mr.  Bedlow  and  Mr. 
Reading  now  at  the  bar,  and  I  shall  not  for  the 
world  attest  any  thing  hut  what  1  heard  dis- 
coursed between  them,  but  will  relate  it  to  you 
in  their  own  expressions,  as  near  as  possibly  1. 
can  remember  ;  and  as  to  the  matter  and  sab- 
stance  of  what  I  shall  declare  to  you  to  be  dis- 
coursed between  them,  I  will  andean  both  po- 
sitively swear. 

But  before  I  acquaint  you  thereof,  I  most 
beg  leave  to  tell  you,  that  I  knew  almost  daily 
from  Mr.  Bedlow,  for  some  considerable  time 
before,  what  was  in  the  treaty  between  him  end 
Reading,  and  how  they  proceeded  in  this  affair, 
and  therefore  could  the  better  charge  my  me- 
mory  with  their  discourse,  and  with  the  passa- 
ges which  passed  between  them, and  Mr.Bedbw 
having  himself  told  you  that  he  acquainted 
two  or  three  persons  likewise  of  very  great  qua- 
lity all  along  with  this  treaty  between  bhn  and 
Mr,.  Reading,  and  with  Mr.  Reading's  constant 
and  almost  daily  consultation  and  advice  to 
him  upon  this  account,  and  with  his  large  pro-  ' 
mises  to  him  from  these  popish  lords  and  other 
gentlemen  accused  and  in -custody  upon  the 
account  of  this  horrid  plot. 

I  shall  not  now  tire  your  patience  so  much 
as  to  acquaint  you  with  what  i  had  from  Mr. 
Bedlow  from  time  to  time,  after  Mr.  Reading 
had  been  with  him  discoursing  of  this  affair  • 
but  I  shall  be  as  short  as  I  can  in  coming 
close  to  the  point,  and  therefore  shall  only  ac- 
quaint you  with  the  matter  and  substance  of 
what  I  myself  beard  discoursed  between  Mr. 
Reading  and  Mr.  Bedlow  the  29th  of  March 
last. 

The  98th  of  March  last,  I  met  with  Mr.  Bed- 
low  here  at  Westminster,  who  privately  told 
me,  tfiat  Mr.   Reading  had  appointed  to   bo 
with  him  in  the  evening  about  the  old  affair, 
and  therefore  desired  me  to  come  to  his  lodgings 
about  seven  o'clock,  and  there  should  be  some 
private  place  found  out  for  me  advantageously 
to  hear  their  discourse  :  I  went  to  Mr.  Becl- 
low's  lodgings  at  Whitehall  about  the  time  he 
desired  me  to  come  ;  where  I  met  with  Mr. 
Reading,  who  was  then  just  come,  and  asking 
Henry  Wiggins  whether  his  master  was  at  home, 
who  told  him,  that  he  was  not ;    upon  which) 
Mr.  Reading  went  away,  and  left  word  with 
this  young  man  that  he  would  come  again  pre* 
sently,  and  desired  him  to  acquaint    bis  master 
with  it  as  soon    as   he  came   home :  I  staid 
there  with  this  young  man   a  short  time  after 
Mr.  Reading  was  gone, asking  him  whether  he 
could  tell  where  his  master  was,   who  told  me 
he  could  not,  hot  told  me  that  there  was  some 
company  at  the  KiugVhead  tavern  at  Charing— 
Cross  which  staid  there  for  him,  and  that  his 
master  iwuld  call  there  before  he  came  home  ; 
upon  which  1  immediately  went  to  the  King's*- 
head  Tavern,  and  asked  whether  Mr.  Bedlow 
was  there ;  but  I  understood  that  t^ere   wras 
some  company  staying  there,  expecting  to  speale 


9H]   STATE  TRIALS,  51  Charles  II.  I67fc~-fl*  a  Tuqou  and  Mudmean*.    [tSi 


with  Mr.  Besflow,  hat  that  he  ms  sot  then 
come  to  them;  upon  which  I  wan  then  to 
Mao's  coffeobousa,  and'  staid  there  a  while, 
bet  had  ordered  ooe  of  the  boys  of  the  tavern 
teopme  and  acquaint  me  as  soon  as  Mr.  Bedlow 
cane  ;  bat  finding  that  no  one  came  from  the 
tavern,  after  some  time  I  went  thither  again, 
and  understood  that  he  had  not  been  there, 
aad  that  the  company  was  gone  which  staid  for 
bin ;  and  then  I  went  back  again  to  Mr.  Bed* 
low's  lodgings,  where  at  soon  as  I  came,  this 
young  man  came  one  aad  told  me,  Mr.  Read- 
ing was  above,  and  staid  there  to  speak  with 
his  master,  oo  which  I  called  him  oot  to  roe,  and 
tokiasm  I  was  desired  by  his  master  to  come  to  be 
kid  ia>  scan*  private  piece  conveniently  to  hear 
the  discourse  between  them,  and  therefore  I 
amurved  some  way  to  get  Mr.  Reading  out, 
that  I  might  in  the  mean  time  convey  myself 
issososne  private  place,  where  I  might  be  able 
t»  hear  their  discourse  ;  whereupon  I  ordered 
thiayoamg  man  (whilst  1  was  walking  without 
at  snsnt  distance)  to  go  op  and  tell  Mr.  Read* 
iag  that  there  was  one  which  came  from  the 
King's  head  Tavern  at  Chartng-Cross  to  ac- 
quaint him  that  his  master  was  there  with 
asaie  company,  and  to  tell  Mr.  Reading; 
that  hit  master  would  not  be  able  to  get  away 
from  them,  if  he  did  not  go  to  him ;  whereupon 
tmsyoong  vnan  went  immediately  to  Mr.  Read- 
ing and  acquainted  him  with  it  according  to 
ay  desire  and  direction,  aad  then  Mr.  Reading 
went  presently  to  the  tavern,  end  in  the  mean 
time  I  got  up  into  the  bed-chamber,  and  placed 
myself  between  the  hanging*  of  the  bed  and 
the  wail ;  but  Mr.  Reading  finding  not  Mr. 
Bedlow  at  the  tavern,  went  away  home,  and 
left  word  with  this  young  man  that  he  would  be 
with  his  master  by  seven  o'clock  in  the  morn- 
ing and  ordered  him  to  acquaint  his  master 
with  it,  that  he  might  be  up  when  he  came ; 
and  as  soon  as  Henry  Wiggins  returned  back 
and  acquainted  me  that  Mr.  Reading  was  gone 
home,  and  had  left  word  with  him  that  he  would 
be  with  hi*  master  by  seven  o'clock  in  the 
morning,  I  went  home,  but  left  word  with  this 
young  man,  that  1  would  be  with  his  master  by 
Ave  or  six  o'clock  ta  the  morning,  and  desired 
him  to  acquaint  his  master  with  it.  I  got  op 
she  neat  morning  by  tot  o'clock,  and  went  im- 
mediately down  to  Mr.  Bedlow's  lodgings. 

Reading.  Sir,  you>  are  pleased  to  sa'y,  that 
the  S8th  of  March  you  was  told,  that  I  woald 
he  there  about  seven  of  the  clock  in  the  morning, 
and  that  you  at  first  met  me  there,  and  that  the 
appoiatment  failing,  then  you  came  the  next 
morning,  which  was  the  89tb. 

L.  €.  J.  I  will  tell  yon  bow  I  apprehend 
him :  the  first  appointment  was  the  88th  of 
March,  which  was  on  Friday,  and  then  failing  the 
ether  was  the  next  morning  which  was  the  29th. 

Speke.  As  soon  as  I  came  to  Mr.  Bedlow's 
lodgings,  I  caused  the  centinel  to* knock  hard 
at  the  door  to  raise  them  op  ;  and  in  the  mean 
time  I  went  into  King-btreet,  expecting  to  have 
gst  info  some  cofFee*neuse  or  other  for  to  drink 
a  dish  of  coffee,  whilst  they  were  tfeiag,  but  it 


was  so  early  that  there  was  no  coffee-house 
open ;  upon  which  I  was  forced  to  return  back 
again  to  Mr.  Bedlow's  lodgings,  and  then  this 
young  man  and  maid  were  both  got  up,  and 
did  let  me  in,  and  I  went  up  immediately  to 
Mr.  dedlow,  and  raised  him  out  of  his  bed ; 
and  somewhat  before  7  o'clock  we  placed  this 
yoofcrg  man  upon  the  bed,  with  the  rug  only  on 
him,  and  prepared  a  place  for  me  on  the  inaid* 
of  the  bed,  between  the  hangings  of  the  bed 
and  the  wall.      % 

L.  C.  /.  Yon  say  he  was  on  the  bed,  and  you, 
between  the  bed  and  the  wall  ? 

Speke.  Yes,  my  lord,  between  the  bed  and 
the  wall  I  was*  and  be  on  the  bed ;  and  as  soon 
as  ever  I  heard  somebody  knock  at  the  door 
(the  door  being  locked  by  Mr.  Bedlow's  order, 
to  give  me  notice  of  his  coming)  I  ran  imme- 
diately into  my  station  before  lie  came  up,  and 
presently  after  the  door  was  open,  I  beard  Mr. 
Reading's  voice  as  he  was  coming  up  stairs, 
(which  I  know  almost  as  well  as  his  person)  aa 
he  was  Speaking  to  the  maid,' and  afterwards  to 
Mr.  Bediuw,  who  met  him  either  in  the  passage 
or  at  the  stair-head,  and  then  they  came  both 
into  the  bed-chamber,  (where,  I  believe,  Mr. 
Reading  little  thought  any  body  was)  though 
he  was  so  cautious  as  to  ask  win  ther  there  was 
nobody  there  that  could  over-hear  him ;  to 
which  Mr.  Bedlow  replied.  No,  noj  or  soma 
words  to  that  effect.  And  then  Mr.  Bedlow 
began,  and  said  to  Mr.  Reading,  What  say  the 
lords  in  the  Tower,  now?  and  what  says  my 
lord  Stafford  as  to  the  estate  in  Gloucestershire  f 
To  which  Mr.  Reading  tiieh  replied,  and  said, 
My  lord  has  faithfully  promised  me  to  settle 
that  estate  upon  you,  and  1  nave  orders  front 
my  lord  to  draw  up  a  blank  deed  in  order  ta 
settle  it  on  yon ;  which  deed  my  lord  hath  an* 
gaged  me  to  sign  and  seal  ten  days  after  be 
snail  be  discharged,  you  bringing  him  off  front 
this  charge  of  High-Treason,  by  shortening  ana) 
contradicting  of  your  evidence.  And  Mr. 
Reading  said,  My  lord  Powis,  my  lord  Petrer 
and  sir  Henry  lichburn,  have  JajthfiiUy  en- 
gaged and  promised  me,  that  they  will  every 
one  of  them  give  you  a  very  large  and  noble 
reward,  which  shall  be  suitat>le  to  the  service 
you  shall  do  them,  by  shortening  and  contract* 
mg  of  your  evidence  against  them,  and  in  bring- 
ing them  off  likewise  from  this  charge  of  High- 
Treason.  To  which  Mr.  Bedlow  replied  and 
said,  I  will  not  rely  upon  their  promises  only, 
but  do  expect  to  have  something  under  their 
hands.  To  which  Mr.  Reading  then  replied 
and  said,  They  do  not  think  it  fit  aad  con- 
venient for  them  to  do  that  as  yet,  but  you  maw 
safely  and  securely  take  my  word,  as  I  have 
done  theirs,  they  having  alt  so  faithfully  pro* 
mised  me  to  perform  all  I  have  told  you  front, 
them.  And  Mr.  Reading  finding  that  Mr. 
Bedlow  doubted  their  performances,  according 
to  their  words,  did  moreover  use  these  very 
expressions,  and  said,  I  will  engage  my  life  toe 
it.  To  which  Mr.  Bedlow  then  replied,  I  will 
then  take  yoor  word,  as  you  have  done  theirs. 
And  also  told  him,  The  Committee  do  ptesf 


flgS]      STATE  TRIALS,  51  Chailss  1L  1679.— Trial  qfNathanael  Reading,      [SM 


upon  me  to  deliver  in  what  I  have  to  say  against 
the  lords,  and  therefore  I  desire  I  may  have 
their  answer  speedily,  that  I  may  know  what 
they  intend  to  do,  and  what  they  do  resolve 
upon,  because  I  caanot  well  defer  delivering  in 
what  I  have  to  say  against  them 'any  longer  than 
this-  night,  because  I  bear  they  come  very 
speedily  .upon  their  trials.  To  which  Mr. 
Reading  then  replied,  That  he  was  sure  they, 
could  <not  be  brought  to  their  trials  before 
Easter,  telling  Mr.  Bedlow  what  the  parlia- 
ment must  do  first,  and  how  they  were  to  pro- 
ceed in  this  case:  That  they  must  come  down 
as  he  arraigned,  and  after  that,  they  must  have 
time,  to  give  in  their  answer,  and  after  that,  they 
must  have  time  to  prepare  for  their  trials; -and 
old  him,  that  he  might  very  well  defer  it  till 
Wednesday ;  but  Mr.  Bedlow  told  him,  that  he 
could  not  defer  it  till  Wednesday,  but  be  would 
put  it  off  till  Monday,  and  longer  he  could  not: 
And  then  Mr.  Reading  said,  that  he  would  go 
presently  to  the  lords  and  acouaint  them  with 
what  be  said,  and  that  he  should  not  rail  of  having 
their  answer  by  him  on  Monday,  and  that  it 
ahouioV  be  ready  for  him  to  deliver  it  into  the 
Committee  that  night.  And  after  this  dialogue 
was  over  between  Mr.  Reading  and  Mr.  Bed- 
low,  they  went  out  into  the  dining-room,  and 
there  Mr.  Reading  stayed  till  Mr.  Bedlow  had 
quite  dressed  himself,  and  afterwards  went  out 
both  together,  aitd  stayed  away  about  half  an 
hour;  and  when  they  returned,  I  and  this  young 
man  were  both  together  in  the  dining-room, 
and  then  Mr.  Bedlow  spoke  to  me  as  if  I  were 
but  just  came,  asking  me  bow  long  I  had  been 
there ;  I  told  him  I  just  called  on  him  as  I  was 
going  to  Westminster,  or  somewhat  to  that  pur- 
pose, so  that  Mr.  Reading  might  not  any  ways 
suspect  my  being  there  before-hand,  to  hear  the 
dialogue  which  passed  between  them.  Mr. 
Reading  then  called  for  a  sheet  of  paper  and 
pen  and  ink,  and  went  into  the  bed-chamber, 
sneaking  and  desiring  Mr.  Bedlow  to  follow 
him ;  but  after  Mr.  Reading  was  gone  into  the 
bed-chamber,  Mr.  Bedlow  came  to  me,  as  I 
was  standing  by  the.  chimney,  and  whispered 
to  me,  that  they  were  then  just  going  to  draw 
«P  what  they  had  concluded  on,  that  the  lords 
might  see  it  and  correct  it  as  they  thought  fit 
and  that  <they  might  send  him  on  Monday,  in 
writing,  what  he  should  deliver  into  the  Com- 
mittee to  swear  against  them;  which  I  saw  de- 
livered by  Mr.  Reading,  according  to  his  pro- 
mise, to  Mr.  Bedlow,  on  tbe  Monday  morning 
following,  in  the  Painted-Chamber"  at  West- 
minster, which  paper  was  writ  by  Mr.  Reading's 
ewn  band,  Mr.  Bedlow  delivering  it  to  me  as 
soon  as  ever  Mr.  Reading  left  him ;  and  then  I 
and  another  gentleman  of  quality  went  up  im- 
mediately into  the  room  they  call  the  Lord 
Privy-Seal's  room,  where  the  Committee  of 
lords  use  to  sk,  and  there  Mr.  Wharton  and  I 
read  tbe  paper  so  delivered,  being  writ  by  Mr. 
Reading's  own  band. 

Jury.  Did  you  see  Mr.  Reading's  face  ? 

Mr.  Speke.  Ay,  between  tbe  door  and  tbe 
wicket,  but  not  m  the  room*    On  the  Monday 


morning  following,  Mr.  Bedlow  desired  that  I 
would  be  here  at  Westminster  before-hand,  and  • 
be  would  come  thither.  And  he  told  me  they 
were  to  correct  the  Paper,  and  he  was  to  bring 
it  corrected,  and,  said  ne,  pray  follow  me,  and 
see  the  paper  delivered. 

Reading.  What  day  was  that  he  desired  you? 

Speke.  It  was  upon  Saturday,  the  29th 
of  March,  (hat  I  overheard  what  was  said, 
and  it  was  upon  tbe  Monday  morning  following 
that  I  met  with  Mr.  Bedlow,  and  be  bid  me  go; 
to  Westminster  before.  And  I  did  so,  and 
when  we.  met  at  Westminster  I  went  after  Mr, 
Bedlow  at  a  distance :  And  in  the  middle  of  tbe 
Court  of  Requests  he  met  with  Mr.  Reading, 
and  they  went  together  into  the  Painted  Cham- 
ber, and  I  followed  them  at  a  distance ;  my  eye 
was  very  much  upon  them,  but  I  saw  Mr. . 
Reading  was  very  cautious  that  I  should  not 
see  the  paper  delivered  ;  and  indeed  I  was  as 
shy  as  he,  that  he  should  not  see  that  I  took 
notice  of  it,  but  I  did  direct  my  eye  somewhat 
carelessly  that  way,  and  at  last  I  saw  the  paper 
delivered  by  Mr.  Reading  to  Mr.  Bedlow;  and 
as  Mr.  Bedlow  told  you,  I  and  another  gentle* 
man  of  quality  went  away  to  tbe  Lord  Privy 
Seal's  lodgings,  where  he  opened  the  paper, 
and  saw  what  was  delivered  to  him,  and  read  it : 
and  this  is  all  I  have  to  say. 

L.  C.  J.  Shew  him  the  paper.  Is  this  that 
paper,  that  you  saw  him  deliver  to  Mr.  Bedlow  ? 

sir  C.  Levins,  Look  upon  it,  Sir,  is  that  tbe  ■ 
paper  1—Speke.  Yes,  my  lord,  certainly  I  take 
it  so  to  be. 

Just.  Atkins.    He  bath  owned  it 

L.  C.J.  Mr.  Reading,  if  you  would  ask 
this  gentleman  any  questions  this  is  your  proper 
time. 

Reading.  I  hope  your  lordship  will  give  me 
tbe  favour  to  examine  them  apart. 

Just.  Wild.  Mr.  Reading,  you  do  confess 
what  Mr.  Speke  says  to  be  true  ? ' 

Reading.  My  Lord,  I  did'  deliver  that  very 
paper  to  Mr.  Bedlow  in  the  Painted  Chamber 
in  the  Court  of  Requests  before  Mr.  Spekef 
and  it  is  every  word  of  it  of  my  own  hand 
writing. 

Just.  Dolben.  Did  you  see  Mr.  Reading  us 
the  room  ? 

Speke.  I  did  not  see  him,  till  he  was  between, 
the  wicket  and  the  door. 

Just.  Wild.  Mr.  Speke,  let  me  ask  you  ooe 
question  ;  did  not  you  know  his  voice  t 

Speke.  I  knew  his  voice  almost  as  well  as 
hisj>erson. 

L.  C.  Baron.    You  are  sure  it  was  he  ? 

Speke.    Yes,  I  am  very  confident  it  was  he« 

Is.  C.  J.  And  the  discourse  was,  that  has 
would  have  it  put  off  till  Wednesday,  but  Mr. 
Bedlow  would  not,  but  only  put  it  off  till  Mots* 
day,  and  then  they  agreed  upon  a  paper,  an 
account  of  which  Mr.  Reading  promised  to 
give  on  the  Monday  following. 

fteke.    Yes,  my  Lord,  it  was  so.  . 
•  C.J.    So  that  the  feet  does  answer  thes 
discourse,  for  on  the  Mtnday  following  the 
paper  was  delivered. 


9B&]  STATE  TRIALS,  31  Chaklbs  II.  1070.-/or  a  Trespass  and  Misdemeanor.  [S& 


Mr.  Ward.  Here  it  only  one  other  evidence, 
and  that  is  Mr.  Bedlow's  servant,  that  was  pot 
in  the  bed,  as  Mr.  Bedlow  tells  you.  Pray 
swear  Henry  Wiggins.   Which  -was  done. 

Sir  C.  Lerotx.  Come  on,  young  man,  speak 
yoor  knowledge  of  this  matter. 

Wiggins.    My  lord,  what  I  have  to  say  is 
this. 
L.  C.  J.  Speak  oat. 

Wiggins.  What  I  have  to  say,  is  only  what 
Mr.  Speke  hath  said  before ;  and  indeed  he 
hath  been  so  very  plain,  and  so  exact  in  all 
particulars,   that  I   need   say  but  little,  and 
therefore  shall  be  very  short.    My  lord,  on 
Saturday  the  29th  of  March  last,  Mr.  Reading 
came  to  my  master's  lodging  between  seven 
and  eight  in  the  morning.    I  was  placed  on  the 
bed,  with  the  rug  only  on  roe ;  arid  Mr.  Speke 
was  behind  the  bed,  between  the  hangings  of 
the  bed  and  the  wail.    As  soon  as  Mr.  Read- 
ing came  into  the  room,  be  asked  my  master, 
if    there     were    nobody   there    that    could 
hear  them  ?  My  master  said,  No.    Then  my 
master  asked,  What  say  the  lords  in  the  Tower 
now  ?  And,  What 'says  my  lord  Stafford,  as  to 
the  estate  m  Gloucestershire  ?  Saith  he,  my 
lord  hath  promised  faithfully  to  settle  it  upon 
yoo;  and  has  given  me  order  to  draw  up  blank 
deeds,  which  in  ten  days  after  his  discharge,  be 
will  sign :  And  this  was  for  the  lessening  the 
evidence.     I  think  those  were  the  words.    And 
last  then  the  rag  troubling  me,  that  I  could  not 
hear  well,  I  put  it  off  my  bead ;  and,  my  lord, 
I  saw  Mr.  Reading  stand  by  my  master  in  the 
chamber.     Saith  he,  my  lord  Powis,  my  lord 
Petre,  mod  sir  Henry  Ticbburn,  have  all  pro- 
mised you  a  suitable  reward  to  the  good  service 
you  shall  do  them,  in  bringing  them  off  from 
their  charge.  •  Saith  my  master,  I  do  not  think 
fit  to  rely  upon  their  promises  ouly;  but  do  ex- 
pect something  under  their  bands.    No,  said 
he,  they  do  not  think  it  convenient  for  them  to 
do  that,  as  yet ;  but  you  may  safely  take  my  word, 
as  well  as  I  have  done  theirs :   And  I  will 
engage  my  life  for  it,    (Which  were  the  words 
Mr.  Reading  used.)    Saith  my  master,  The 
committee  do  press  upon  me  to  give  in  my  evi- 
dence, and  I  cannot  defer  it  any  longer  than 
this  night.     Saith  Mr.  Reading,  They  cannot 
come  to  their  trial  till  Easter ;  because  such 
and  such  things  are  to  be  done,  (as  Mr.  Speke 
hath  told  you)  before  they  can  come  to  their 
trials,  which  cannot  be  done  till  then